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.”