Crosspoint Church v. Makin – Separation of Church and State

Crosspoint Church, which operates Bangor Christian School, sought an exemption from state law so it could openly discriminate against LGBTQ students while receiving taxpayer education funds at the same time.

We filed a friend-of-the-court brief arguing that the right to discriminate while receiving taxpayer funds has never been recognized by any court, and this court should not be the first. Any school that wants to participate in state educational programs must play by the same rules as all others.

Maine is one of a few states with a school tuition program that pays for students to attend approved private schools in districts where no public school exists. To be eligible for the tuition program, schools must comply with the Maine Human Rights Act’s (MHRA) anti-discrimination provisions, which prohibit discrimination on the basis of religion, sexual orientation, and gender identity, among other protected characteristics.

In its 2022 Carson v. Makin decision, the U.S. Supreme Court held that religious schools may receive public funds by participating in the program. Before this decision, taxpayer funds could not be used for religious educational activity in Maine.

Crosspoint Church, which operates Bangor Christian School, openly discriminates against students based on their faith, sexual orientation, and gender identity. The school refuses to admit LGBTQ students because it deems these students’ identities and beliefs are "inconsistent" with its own religious beliefs.

Private religious entities have long been exempted from non-discrimination laws, but Crosspoint wants to have it both ways. The church wants to receive public education funding and remain exempt from non-discrimination laws.

Maine’s public funding is designed to provide education for students consistent with the state’s obligation to provide a free education to all, regardless of their identity. The state must ensure students receive a baseline education, so schools participating in the state tuitioning program must teach specific courses from the state-approved curriculum, just like all public schools. The state must also provide free education to all, so it has an interest in eliminating discrimination based on religion, sexual orientation, and gender identity and expression to ensure that publicly funded schools are open to all students. Bangor Christian School’s discriminatory policies are in direct conflict with students’ right to an equal education.

On May 2, 2023, the ACLU of Maine filed a friend-of-the-court brief arguing that any school that chooses to participate in a state-funded education program must comply with the same state regulations as all other program participants, including the state’s anti-discrimination laws.

Crosspoint can choose to decline state funding and continue to be exempt from Maine’s anti-discrimination laws, or it can accept public taxpayer funding and comply with non-discrimination laws just like everyone else. But it can’t have it both ways.

On February 27, 2024, United States District Judge John A. Woodcock issued a decision finding that Maine’s anti-discrimination laws are neutral, generally applicable, and related to a legitimate government interest, and therefore these laws do not violate citizens’ right to practice religion. Judge Woodcock’s order left Maine's anti-discrimination laws in effect while Crosspoint Church's lawsuit continued.

Crosspoint Church appealed the district court’s decision to the US Court of Appeals for the First Circuit in Boston in June 2024. Another Maine school, St. Dominic Academy, sued the state in June 2023 and appealed to the First Circuit in August 2024. Because the schools were arguing for the ability to use public education dollars and discriminate against students, the First Circuit held oral arguments for both cases at the same time.

We filed friend-of-the-court briefs in both appeals, arguing that the schools must play by the same rules as all other institutions that receive public education funding. Read our amicus brief in Crosspoint here and see all relevant legal documents in the PDFs at the bottom of this page. Learn more about St. Dominic Academy v. Makin here.

Oral arguments before the First Circuit took place on Tuesday, January 7, 2025, in Boston. Listen to the arguments here.

The court ruled against Crosspoint Church and St. Dominic Academy, finding that the Maine Human Rights Act protects students from discrimination based on faith, gender identity, and sexual orientation at private schools receiving state funds.

The court wrote that, “in short, the State is simply saying that a school in Maine, whether religious or not, cannot accept public funds while simultaneously putting up, for example, a "No Protestant Children Need Apply" sign.” The court also wrote that “Crosspoint seeks to refuse admission to (and expel) any student who is gay or transgender, irrespective of that student's speech. Although such refusal may express Crosspoint's views regarding sexual orientation and gender identity . . . that does not transform the rule into a speech regulation.”