One Way To Outmaneuvering Supreme Court

On Tuesday, the Supreme Court struck down a Maine Law in, Carson v. Maine, that prohibited Religious Private Schools from receiving Taxpayer dollars.

Anticipating this Decision, Maine Lawmakers enacted a crucial Amendment to the State's Anti-Discrimination Law last year, in order to counteract the expected ruling. The revised Law forbids Discrimination based on Gender Identity and Sexual Orientation, and it applys to every Private School that chooses to accept Public Funds, withour regrd to Reliious affiliaton.

The impact was Siignificant: the Two Religious Schools at issue in the Carson Case, Bangor Christian Schools and Temple Academy, said they would Decline State Funds, that they just Won, if it would require them to change how they Operate or Alter their Admissions Standards to admit L.G.B.T.Q. Students.

The Legislative fix made by Maine Lawmakers offers a Model for others who are alarmed by the Court's Aggressive swing to the Right. Maine's example shows that those on the losing end of a Case, can often Outmaneuver the Court, and avoid the consequences of a Ruling.

The Law will limit Church-State entanlement, assuming other Religious Schools decline Funding for the same reason as Schools in Carson. And although Nondiscriminatory Private Schools can still receive Public Funds, Maine can Eliminate that Program at any point, a Fact the Court conceded.

Whether it should is a question that ought to turn on the Program's Impact on Education Equity.

A handful of States including: Illinois, Maryland, Nevada, and Vermont, provide Vouchers or similar Tax-Credit Scholarships to Low-Income Students to enroll in Private Schools. But none have enacted a Statute Prohibiting Discriminating against L.G.B.T.Q. Students.

Legislation that would do so is pending in Maryland's Legislature's General Assembly. Lawmakers there should quickly Enact it. Other States should also prohibit such Discrimination.










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