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Former AG Invoice Barr, David Boies assist temporary in Maine spiritual faculty tuition Supreme Courtroom case

EXCLUSIVE: Former Legal professional Basic Invoice Barr is supporting a brand new amicus temporary on the Supreme Courtroom, led by Democratic legal professional David Boies, opposing Maine’s resolution to dam public tuition from flowing to college students who select to attend spiritual faculties.

The Supreme Courtroom agreed this summer season to take up the case, Carson v. Makin, which stems from a Maine program that gives tuition for Maine residents to attend personal excessive faculties if their native district doesn’t have a public faculty.

“Maine’s regulation is the reflection of the relentless marketing campaign of secularization intent on driving each vestige of conventional faith from the general public sq.,” mentioned Barr in a launch from the Protection of Freedom Institute for Coverage Research (DFI).

“Maine has no objection with offering funds to college students to attend personal faculties that aggressively instruct kids about behaviors that mirror the progressive values and practices of latest America. But, in alarming distinction, Maine’s regulation targets and excludes these faculties that instruct college students on the spiritual practices commanded by their religion, forcing households to decide on between abandoning their spiritual convictions and foregoing wanted public help to which they’re in any other case entitled by regulation. That is an unacceptable violation of the First Modification and spiritual discrimination of the worst sort.”


The state says it will possibly’t discriminate towards faculties based mostly on their standing of being related to non secular establishments. However it says it will possibly ban cash from going to the college if it promotes a sure spiritual view to its college students – one thing many non secular faculties do. 

It comes within the wake of a latest Supreme Courtroom case that dominated the federal government cannot ban authorities support in a usually accessible program from going to non secular faculties. 

The earlier case, Espinoza v. Montana, was thought of a significant win for spiritual liberty advocates. However the Maine program consists of totally different language that, if upheld, might successfully neuter Espinoza.

Friday’s temporary was filed by David Boies, a Democratic legal professional who represented former presidential candidate Al Gore in Bush v. Gore. One of many attorneys at Boies’ agency reportedly helped former Democratic presidential nominee Hillary Clinton with debate prep. 


“The Free Train Clause of the First Modification prohibits the Authorities from imposing religious-based restrictions on the private selections of particular person residents,” mentioned Boies. “Right here, the State makes an attempt to make use of spiritual standards to decree to which secondary faculty dad and mom could ship their kids just because the dad and mom obtain usually accessible tuition help. This regulation strikes on the coronary heart of, and is clearly prohibited by, the Free Train Clause.”

The First Circuit Courtroom of Appeals, which upheld Maine’s regulation, mentioned that as a result of the Maine program applies solely to college students who should not have entry to public faculties, those that search religiously “intertwined” schooling should not searching for “equal entry” to the good thing about a free schooling. 

Former Secretary of Schooling Betsy DeVos mentioned,Sadly, spiritual discrimination has been tolerated for too lengthy, not solely by prohibitions on spiritual faculties just like the Maine regulation but in addition by different useless restrictions on college students like bigoted Blaine Amendments.”

Fox Information’ Tyler Olson contributed to this report.


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