Court Protects State’s Progressive Regulations

A federal appeals court ruled last Thursday that Christian schools in Maine must follow state regulations concerning sexual orientation and gender identity if they choose to participate in a public tuition assistance program, even when those rules conflict with the schools’ religious beliefs.

The decision came from the U.S. Court of Appeals for the First Circuit in Crosspoint Church v. Makin. Crosspoint Church operates Bangor Christian School, which requires employees and students to follow biblical standards on sexuality and gender. Teachers must also affirm the school’s statement of faith.

Jeremy Dys, senior counsel for First Liberty Institute, which represents Crosspoint Church, said the ruling creates a sharp divide between religious belief and religious practice.

“Essentially what the court has said is that you can believe what you want to believe, you can talk about what you believe, but once you exercise what you believe, that’s conduct that the state of Maine can regulate,” Dys said.

A two-judge panel partially upheld a lower court’s refusal to block enforcement of the Maine Human Rights Act while the case proceeds. A third judge on the panel died before the opinion was released. The court issued a similar ruling the same day in St. Dominic Academy v. Makin, a case involving a Catholic school.

The Maine Human Rights Act applies several nondiscrimination provisions to private schools receiving public tuition funds. Schools that violate the law may face lawsuits from the Maine Human Rights Commission or private individuals, as well as possible injunctions and monetary damages.

One provision prevents participating schools from discriminating on the basis of religion in areas such as admissions, academics, and financial aid. Another bars discrimination based on sexual orientation or gender identity. Religious schools that do not receive public funding are exempt from the second rule.

For Bangor Christian School, compliance could prevent administrators from enforcing some of their existing policies. Dys offered the example of a male student who identifies as transgender and requests access to female restrooms or locker rooms. Under Maine’s rules, he argued, the school could face legal consequences for enforcing its sex-specific policies.

The appeals court concluded that the sexual orientation and gender identity provision did not violate the Constitution. It also found that certain Bangor Christian School policies, including church-member tuition discounts and consideration of a prospective student’s “spiritual fit,” violated the law’s religious nondiscrimination requirements.