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Crosspoint Church v. Makin (2024)

On October 30, 2024, FFRF joined a coalition of education groups in support of the State of Maine’s defense of public education in the case Crosspoint Church v. Makin. This case is rooted in a tuition assistance program that Maine offers called “town tuitioning.” This program funds private education tuition in rural areas of the state if a public option is unavailable.

Following the Supreme Court decision in Carson v. Makin, Maine required participating schools to comply with the Maine Human Rights Act (“MHRA”) if the school wanted to receive funding from the state. Crosspoint Church runs Bangor Christian Schools and sued in order to be exempt from complying with MHRA. Crosspoint argues that it must be allowed to receive public funds while engaging in otherwise illegal discrimination on the basis of sexual orientation, gender identity, and religion. 

This coalition brief argued the appellate court should uphold Maine’s application of the MHRA to all schools receiving public funds. The brief asserted that anti-discrimination policies benefit all students because they foster a positive learning environment that is welcoming to all types of students.

FFRF previously filed amicus briefs when Carson v. Makin was in the First Circuit Court of Appeals and the Supreme Court.

This amicus brief was coordinated and drafted by the Education Law Center and the law firm Morrison and Foerster through Public Funds Public Schools. The other groups who signed on included: National Education Association, National School Boards Association, American Federation of Teachers, In The Public Interest, American Atheists, Council of Parent Attorneys and Advocates, Network For Public Education, Pastors For Children, and Disability Rights Maine.

Brief

Freedom From Religion Foundation