The state of Maine runs a program that provides state funds to support students who attend a private school when the school district where they live does not have its own high school. In 2022, the U.S. Supreme Court ruled in Carson v. Makin that the program must apply to religious schools. 

Maine now requires all schools receiving public funds to abide by the educational nondiscrimination provisions of the Maine Human Rights Act. Two religious schools filed lawsuits in Maine federal district court claiming the application of the Human Rights Act (MHRA) provisions to them violates their free exercise of religion. The District Court denied both challenges, and the schools have appealed to the First Circuit Court of Appeals. 

GLAD Law joined with Lambda Legal on a friend-of-the-court brief to make two broad points: 1. The Carson v. Makin decision does not control in this case, and  2. Maine has compelling state interests in requiring compliance with the MHRA.