Ensuring Public Dollars Are Never Used to Discriminate – St. Dominic Academy v. Makin

Crosspoint Church sought an exemption from Maine law so it could discriminate against students while receiving state funds. The right to discriminate has never been recognized by any court, and any school that wants to participate in state educational programs must play by the same rules as all others.

Similar to Crosspoint Church, St. Dominic Academy sued the State of Maine, arguing it should be allowed to receive public education funding while also being allowed to discriminate against LGBTQ students. Institutions that want to participate in public education programs must play by the same rules as all others.

It is a foundational principle in civil rights law that the government may require compliance with anti-discrimination provisions in its distribution of public funds. In June 2023, St. Dominic Academy and a group of parents filed suit challenging this principle, arguing that a private religious school should be able to accept government funds while discriminating against LGBTQ students.

Maine operates a School Tuitioning Program that pays tuition for students to attend an approved private school if no public school exists in the district. 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.

St. Dominic sought to participate in the school tuition program, but requested an exemption from the anti-discrimination requirements so it could discriminate in its admissions decisions. In its suit, St. Dominic argued that requiring compliance with the MHRA’s anti-discrimination protections violates its rights under the Free Exercise Clause, among others.

In August 2024, the United States District Court for the District of Maine denied St. Dominic’s motion for a preliminary injunction, which would have blocked enforcement of the MHRA during litigation. The court found that although Maine’s anti-discrimination law is not generally applicable, it survives constitutional scrutiny. The district court explicitly recognized that Maine has a compelling interest in eliminating discrimination within publicly funded institutions because the state is required to provide a free education to all students.

St. Dominic appealed to the United States Court of Appeals for the First Circuit in August 2024. We filed friend-of-the-court briefs in both cases before the First Circuit arguing that the schools must play by the same rules as all other institutions that receive public education funding. Read our amicus brief in St. Dominic here and see all relevant legal documents in the PDFs at the bottom of this page. Learn more about Crosspoint Church v. Makin here.

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

The U.S. Court of Appeals for the First Circuit ruled 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 ruled against St. Dominic Academy and Crosspoint Church.

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.”