Vouchers and the law. . .

A federal judge has ruled that Maine did not violate the U.S. constitutional rights of religious schools by requiring them to abide by the state’s antidiscrimination law and therefore to admit lgbtq students as a consequence and condition to receiving taxpayer-funded tuition assistance (AKA vouchers).  At the same time, the judge acknowledged that this will inevitably head up to a higher court for the final say.  U.S. District Judge John Woodcock Jr. found no inherent constitutional violation with the requirement that private and religious schools accepting vouchers from the state must also abide by the Maine Human Rights Act.  In his own words, “The plaintiffs are free to practice their religion, including the teaching of their religion as they see fit, but cannot require the state to subsidize their religious teachings if they conflict with state antidiscrimination law.”  As soon as he ruled, a notice of appeal to the 1st U.S. Circuit Court of Appeals in Boston was filed.  His 75 page decision reflects the legal tension because of the the collision between a 2022 U.S. Supreme Court ruling that Maine cannot discrimination against religious schools in providing tuition assistance and a state law requiring that schools participating in the tuition program must abide by the Maine Human Rights Act, which includes protections for LGBTQ students and faculty. 

So what does this mean?  Any entanglement with federal or state funds is bound to bring with it the assumption of some liability to or requirement for compliance with rules and laws that contradict the religious freedom of the church or church/school to exercise freely its independence from such rules or laws.  In other words, it is a fool's errand to believe that vouchers are free money or that accepting such funds will not entail you in the web of state rules and laws (or federal) designed to enforce its own position over and against religious freedom.  Though this will play out in the courts and perhaps even the schools will prevail, it is a signal that this is but one battle in the ongoing war.  We who insist upon freedom to exercise the tenets of our religion should not be surprised when Uncle Sam and his state sponsored children decide that money buys them influence over us.  Just a heads up...