October 30, 2018

Institute for Justice Will Oppose Attempt to Intervene in Challenge to Maine’s Tuition Program

Dave and Amy Carson with their daughter at Bangor Christian Schools in Maine. The Carsons are one of three families that sued Maine over a program that bans families from an otherwise generally available student-aid program if they choose to send their children to schools that teach religion. (Photo by the Institute for Justice ij.org.)
Dave and Amy Carson with their daughter at Bangor Christian Schools in Maine. The Carsons are one of three families that sued Maine over a program that bans families from an otherwise generally available student-aid program if they choose to send their children to schools that teach religion. (Photo by the Institute for Justice ij.org.)

Arlington, Va.—The Institute for Justice (IJ) released the following statement from senior attorney Tim Keller in response to today’s motion to intervene in the case:

“The Institute for Justice and First Liberty Institute will oppose the motion to intervene in our suit against Maine over the unconstitutional restrictions in the high school tuitioning program. The ACLU and Americans United for Separation of Church and State and their clients do not have a legal right to intervene in the case.

“In 2002, the U.S. Supreme Court made it clear that there is no constitutional violation if states empower families to choose religious options as part of an educational choice program. The obvious corollary to that ruling, which has been confirmed by more recent Supreme Court precedent, is that states cannot discriminate against families who desire a religious education when families are permitted to choose from private options. The proposed intervenors cannot claim any constitutional harm should the parents in this case prevail in striking down Maine’s exclusion of sectarian schools from its town tuitioning program.”

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