Why it matters:

• Federal court of appeals judges heard oral arguments about whether private religious schools must comply with Maine’s anti-discrimination statute to receive tuition vouchers.

• Two schools are appealing the decision by the US District Court in the District of Maine, which ruled in favor of the state.

• All schools must follow Maine’s anti-discrimination law, which effectively limits religious schools from participating in the voucher program; in the three years since the 2022 Supreme Court ruling allowed sectarian school participation, only one sectarian school has elected to participate.

• The court’s decision is likely to be further appealed—but it could ultimately remove a major barrier to school choice nationwide.

Why It Matters:

• For the first time, a federal judge ruled that the NJ constitution’s provision prohibiting state historic preservation funding for religious organizations is unconstitutional under federal law

• The federal judge issued an injunction against a 2018 NJ Supreme Court decision excluding churches from the historic preservation program.

• This case could be the first step towards dismantling the New Jersey constitution’s discriminatory provision against religious institutions.

• The lower court ruling by the federal judge suggested that limiting public funding for strictly sectarian purposes – e.g. preserving religious iconography – could pass muster with the 1st amendment.

• The injunction is in place while the case winds its way through the appellate courts.

Supreme Court of the United States grants certiorari to review a lower-court decision that denied Catholic Charities a Wisconsin state tax exemption for religious organizations.  The Court will review the constitutionality of Wisconsin’s rule limiting the exemption only to organizations that engage in “typical” religious activities like proselytization rather than broader faith-based missions like service or charity. 

Why It Matters:

• Advocacy group Americans United for Separation of Church and State is investigating whether Ohio’s new funding opportunity to nonpublic schools is unconstitutional, potentially jeopardizing nearly $4 million in funding awarded to eight Catholic private schools for construction and building improvements.

• Americans United for Separation of Church and State alleges the funding violates the Establishment Clause of the First Amendment and two separate clauses in the Ohio State constitution.

• Legislators note that any organization could apply for the funding, and of the 656 projects awarded statewide, only eight went to renovations at private Christian schools.

• This funding marks a shift, allowing sectarian schools to receive direct state support and access broader funding opportunities.

• Americans United for Separation of Church and State has not yet filed a lawsuit and will decide on next steps after reviewing records requested from the state.

Why It Matters:

• In one of the nation’s firsts, Ohio is directly funding construction and building improvements at private religious schools – bringing additional funding beyond traditional tuition vouchers.

• State legislators included the funding in a larger budget bill, awarding over $4 million in grants to various private Catholic schools.

• Supporters of the funding charge that the grants will increase enrollment capacity at the nonpublic schools.

• The funding will likely be challenged in court and if upheld, Ohio’s precedent would encourage other states to invest more aggressively in school infrastructure.