Maine High Court Upholds School Tuition Program
MCLU Applauds Decision Protecting Government-Free Religion

FOR IMMEDIATE RELEASE                                                         Contact:
Wednesday, April 26, 2006                                                                Shenna Bellows, Executive Director
                                                                                                           Zachary L. Heiden, Staff Attorney                                                                                                             

PORTLAND –  Today the Maine Supreme Judicial Court upheld the constitutionality of Maine’s public school tuition program, in Julia Anderson et al. v. Town of Durham et al.  The 6-1 decision held that Maine is not required to fund religious education with taxpayer money.  Maine Civil Liberties Union Foundation Staff Attorney Zachary Heiden and MCLU cooperating attorney Jeffrey Thaler of Bernstein Shur represented taxpayer intervenors defending Maine’s decision to stay out of the religion business.  The MCLU’s chief concern is that government-funded religion could quickly lead to government interference with religion.  Jeffrey Thaler played a key role in both of these cases and presented oral argument on behalf of the intervenors in Anderson.

“The Supreme Court’s decision today shows a deep appreciation for the First Amendment and for our nation’s traditions,” said MCLU Cooperating Attorney Jeffrey Thaler.  “The Maine Legislature’s decision not to fund religious education has been based on an awareness that government interference in religion could lead to real problems.”

The decision today upholds a decision by the Cumberland County Superior Court, which found in favor of the State of Maine and parents opposed to public funding of education, represented by the MCLU.  In 2004, the nearly identical case of Eulitt et al. v. Maine Department of Education was decided similarly, by the U.S. Court of Appeals for the First Circuit.  The Maine Civil Liberties Union submitted a “friend of the court” brief in Eulitt. 

“The MCLU is opposed to government involvement in religion,” said Zachary Heiden, Staff Attorney for the Maine Civil Liberties Union and co-counsel for the intervenor-defendants.  “Religion is simply too important to be needlessly entangled with the government.”

In writing for the majority of the Court, Justice Donald Alexander found that State’s reasons for declining to fund religious education—“excessive entanglement between religion and state” and
“concerns about maintaining diversity within the public schools, and avoiding involvement in discrimination in admissions and hiring by religious schools”—were all legitimate.  The Court rejected the claim that the State’s decision was motivated by a hostility towards religion or religious schools.

“Government-free religion remains a major priority for the Maine Civil Liberties Union,” said Shenna Bellows, Executive Director of the MCLU.  “Religious institutions, such as schools, currently enjoy a great amount of independence from the government.” 

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