Maine debate over public funding in religious schools takes a step towards the U.S. Supreme Court

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.