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It is a foundational principle in civil rights law that the government may require compliance with antidiscrimination 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 can accept government funds while discriminating against LGBT 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 Right Act’s (MHRA) antidiscrimination provisions, which prohibit discrimination on the basis of religion, sexual orientation, and gender identity, among other protected characteristics.

St. Dominic seeks to participate in Maine’s school tuition program but requests an exemption from the antidiscrimination requirements so that it can discriminate in its admissions decisions. In its suit, St. Dominic argues that requiring compliance with the MHRA’s antidiscrimination protections violates its rights under the Free Exercise Clause, among others. The district court denied St. Dominic’s motion for a preliminary injunction, finding that although Maine’s antidiscrimination 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. St. Dominic appealed.

Our amicus brief argues that the Free Exercise Clause does not prevent Maine from holding St. Dominic to the same antidiscrimination requirements as all other schools in Maine receiving public funding.