PORTLAND, Maine — Students at Cheverus High School, a Roman Catholic college preparatory high school in Portland, will now have the opportunity to get taxpayer funds to help pay for their schooling.
Cheverus was the only religious school to apply for participation in the state's tuition reimbursement plan, and the state approved its application.
The Supreme Court ruled in June that Maine can no longer exclude religious schools from a Department of Education program that helps families who live in towns without public schools to receive tuition assistance. The program allowed parents to send their kids to public or private schools but excluded religious schools.
Institute for Justice Attorney Michael Bindas, who fought the state's religious exemption, said he is not surprised only one school applied after comments made by Maine Attorney General Aaron Frey.
"Because of his statement, which suggests he is going to continue to look for ways to exclude schools that have teachings that he finds presumably objectionable, it doesn't surprise me that some schools were understandably reluctant to apply," Bindas said.
In a statement following the 6-3 Supreme Court vote, Frey said: "I intend to explore with Governor Mills’ administration and members of the Legislature statutory amendments to address the Court’s decision and ensure that public money is not used to promote discrimination, intolerance, and bigotry."
The following sentence at the end of the attorney general's statement read: "Educational facilities that accept public funds must comply with anti-discrimination provisions of the Maine Human Rights Act, and this would require some religious schools to eliminate their current discriminatory practices."
Bindas said there is a critical difference between funding schools and funding students trying to secure an education.
"It's providing public funds to individuals and empowering them [about] where to use that money to procure an education that their parents believe is going to best meet their child's needs," Bindas said.
The executive director of the Christian Civic League of Maine, Carroll Conley, said he hopes Cheverus will be the pathway forward and is optimistic more schools will apply in fall 2023.
Conley said he was disappointed by Frey's statements.
"To label anybody ... as being bigots or as being folks that are unloving or uncaring or discriminating I think is a really wide and unfair blanket to throw over folks," Conley said.
Bindas is representing families who sued to send their children to religious schools in Bangor and Waterville.
Bangor Christian Schools would not comment on their decision to forgo their opportunity to apply. In an email, Temple Academy's Superintendent Kevin Wood stated, "We haven’t had the need or time to even consider the ruling ..."
NEWS CENTER Maine tried to contact Cheverus High School administrators but did not receive a response.
The case is back in the U.S. District Court, where it's waiting to be finalized, according to Bindas.
Bindas said the state is taking the position that the court "should not enter an order prohibiting the state from enforcing the religious exclusion, even though the Supreme Court said it was unconstitutional."