Commentary: When school choice meets religious liberty

Ben Bradley

As Georgia continues to increase public support for private education, the constitutional questions raised in the Maine litigation could have important implications for faith-based schools that seek to participate in those programs while maintaining policies rooted in their religious beliefs.”

A recent federal appeals court decision has placed a new spotlight on the relationship between religious schools, government education programs, and religious liberty protections.

On July 2, 2026, the United States Court of Appeals for the First Circuit ruled that Crosspoint Church, which operates Bangor Christian Schools, must comply with the Maine Human Rights Act as a condition of participating in Maine's publicly funded tuition assistance program. The decision came in Crosspoint Church v. Makin, a case that could have significant implications for faith-based schools across the country.

The dispute follows a 2022 decision by the Supreme Court of the United States in Carson v. Makin. In that case, the Supreme Court ruled that Maine could not exclude religious schools from a generally available tuition assistance program simply because they provided religious instruction. This decision was viewed as a major win for religious freedom and school choice because it affirmed that religious institutions cannot be denied access to public benefits solely because of their faith.

But this case adds a new question: If religious schools are allowed to participate in public programs, can states require them to follow certain laws as a condition of receiving those funds, even if those laws conflict with the school’s faith? The First Circuit Court of Appeals said yes.

Maine argued that participation in the tuition assistance program comes with obligations under the Maine Human Rights Act. Among other requirements, the law prohibits discrimination in education based on characteristics including religion, sexual orientation, and gender identity.

Bangor Christian Schools argued that these requirements conflict with the school's religious beliefs. The school requires families and students to agree to policies based on its understanding of biblical teaching regarding marriage, sexuality, and gender. Its code of conduct defines marriage as the union of one man and one woman and states that students may not identify as a gender different from their biological sex. The school maintained that these policies are central to its mission of educating students in a Christian environment and that requiring it to change them would place it in an unconstitutional position: giving up its beliefs or giving up the public benefit available to other schools.

Although it held that Bangor Christian Schools had the right to remain openly Christian in its beliefs and religious teaching, the school had to comply with the state’s nondiscrimination requirements, even though it conflicts with its deeply held religious beliefs.

As a result, if Bangor Christian Schools continues receiving tuition assistance from the state, it cannot enforce policies that restrict students based on sexual orientation or gender identity. Put plainly, the school is unable to enforce certain policies regarding student behavior, dress, pronoun usage, or access to sex-separated facilities if those policies treat students differently based on their gender identity or sexual orientation under Maine law.

Attorneys for Crosspoint Church and Bangor Christian Schools have announced their intent to appeal the decision to the United States Supreme Court. If the Court agrees to hear the case, its decision could establish a nationwide precedent governing the extent to which states may require religious schools receiving public funds to comply with nondiscrimination laws.

Although Maine's tuition assistance program is unique, the issues presented in this case are becoming increasingly relevant in Georgia. Just in the past year, the General Assembly has expanded educational choice through measures broadening private school choice and expanding education-related tax credits.

As Georgia continues to increase public support for private education, the constitutional questions raised in the Maine litigation could have important implications for faith-based schools that seek to participate in those programs while maintaining policies rooted in their religious beliefs. The outcome of this debate will shape not only the future of school choice, but also the broader conversation about the role of religious freedom in a changing legal landscape.

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