Background
St. Dominic Academy, a Catholic school, and the Roman Catholic Diocese of Portland challenged four rules under the Maine Human Rights Act that apply to schools receiving public tuition assistance. The rules include an Employment Rule, a Religious Expression Rule, a Religious Nondiscrimination Rule, and a Sexual Orientation and Gender Identity Nondiscrimination Rule. The district court had denied the plaintiffs’ motion for a preliminary injunction.
The court’s reasoning
The court analyzed the four factors for a preliminary injunction, focusing on the likelihood of success on the merits. Regarding the Employment Rule, the court found no standing because statutory carveouts explicitly allow religious schools to hire based on religious tenets, meaning the rule does not threaten the school’s hiring practices. For the Religious Expression Rule, the court found the challenge ripe and likely meritorious, as the rule requires schools to permit non-Catholic religious expression if they permit Catholic expression, burdening the school’s free exercise rights. The court found no likelihood of success for the Religious Nondiscrimination Rule or the Sexual Orientation and Gender Identity Nondiscrimination Rule. Additionally, the court dismissed the claim regarding the parents’ rights as moot.
What it means going forward
Religious schools in Maine receiving public tuition assistance must comply with the state’s nondiscrimination laws regarding religion and sexual orientation, but they are not required to allow non-Catholic religious expression if they wish to maintain their Catholic identity. The Employment Rule does not restrict their ability to hire employees who conform to their religious teachings.