A recent lawsuit filed in Maine claims that the state’s laws are preventing the full impact of a recent school choice decision from taking effect. The lawsuit, which was filed by the Institute for Justice, alleges that Maine’s law prohibiting public funding for religious schools is unconstitutional and infringes upon parental rights.
The dispute stems from a 2020 Supreme Court decision in the case of Espinoza v. Montana Department of Revenue, which ruled that states cannot exclude religious schools from receiving public funding. Despite this ruling, Maine continues to enforce its law, which prohibits public funding for religious schools.
The lawsuit argues that Maine’s law is in violation of the First Amendment’s Free Exercise Clause and the Fourteenth Amendment’s Equal Protection Clause. It claims that parents should have the freedom to choose the best education for their children, regardless of whether it is a religious or secular school.
The Institute for Justice is representing three families who wish to use public funds to send their children to religious schools, but are currently unable to do so due to Maine’s law. The lawsuit seeks to challenge the constitutionality of the law and allow parents to have more choices in their children’s education.
The outcome of this lawsuit could have far-reaching implications for school choice and religious freedom in Maine and potentially other states with similar laws. It remains to be seen how the courts will rule on this case and whether Maine will be forced to change its laws to comply with the Supreme Court’s decision.
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