Constitutional Lawsuit: Maine's "Town Tuitioning Fund" Excludes Faith-Based Schools

The family sought to utilize the Town Tuitioning Fund, a government-assisted scheme designed to aid students living in rural areas without public schools, thereby offsetting the cost of education. Yet, this aspiration was confronted with unexpected complications.

The couple encountered obstacles presented by the recent changes to the state's human rights law, which mandates religious neutrality in schools, and the introduction of nondiscrimination policies based on gender and sexual orientation. These modifications prevent religious institutions like St. Dominic Academy from participating in the tuition program unless they comply, restricting the use of the funds.

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Reacting to these barriers, the Radonis family and St. Dominic Academy launched a legal battle against the state last week. Their argument asserts that the amendments deny students the right to faith-based education.

Drawing a parallel with the Carson v. Makin case that was resolved in June of the previous year, Keith Radonis highlighted in an interview with Fox News Digital, "This is very fresh, and you've got the same argument here where the state was told by the Supreme Court that what you are doing is unconstitutional. You are violating the free exercise clause of religion covered under the First Amendment of the Constitution."

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June 21, 2023

He explained further, "All they've done now is removed Hurdle A and inserted Hurdle B and C to still try and prevent folks from accessing this tuition money, so it seems very similar to the previous case."

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In the aforementioned Carson v. Makin case, the Supreme Court delivered a 6-3 ruling that barred Maine from withholding program funding from faith-based schools like St. Dominic Academy, stating that such an act breached the free exercise clause of the First Amendment. Justice Sonia Sotomayor harshly criticized the verdict for purportedly "dismantling" the church-state divide, while Chief Justice John Roberts contended that the state had exhibited religious discrimination.

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Expanding on the implications of the ruling, Keith Radonis stated, "[The decision] said Maine cannot withhold this money from a family just because they happen to be religious… what's happened here is another set of unconstitutional hurdles have been put in place to prevent folks from accessing their town tuition and to send their children to the school of their choice."

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The Radonis patriarch also pointed out pre-emptive tactics within the state government. "Even before the decision was announced, there was some maneuvering inside the highest levels of the state, between the attorney general and the commissioner of education, kind of trying to position themselves to be able to still, if you would, block [the outcome]."

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One of the amendments to the state's Human Rights Act stipulated that schools must maintain religious "neutrality." This would require faith-based institutions to treat all religions equally during their worship services.

The Becket Fund for Religious Liberty, representing the plaintiffs, stated, "It gives the Maine Human Rights Commission—not parents or the school—the final word on how the school teaches students to live out Catholic beliefs regarding marriage, gender, and family life."

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The Radonis family made it clear that supplying funding for faith-based school attendance did not equate to financial support for religious institutions. Instead, it allows families to choose the most suitable school for their children.

In his continued dialogue with Fox News Digital, Keith Radonis emphasized, "Essentially, the tax dollars you pay for that education never go to a public school, are more or less refunded back to the parents, and they have the ability to use that money to go to any school that they deem fit for their child."

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Radonis underlined the importance of providing students in rural Maine access to a diverse array of educational opportunities. "It's important to have that choice," she explained to Fox News Digital. "St. Dominic's School is an academically accredited school that has proven to be excellent, and that should be open to all rural families, regardless of the religious standing of the school."

Highlighting the need for educational options that are individually suited to each child's needs, she added, "One size doesn't fit all, and so being in a rural area where we have choices, we can fit each child, dependent on their needs, with the right school, the best choice for them. And when the state closes down options, it's not right."

The Radonis family's lawsuit challenges the state's approach to their fundamental right to choose the most appropriate education for their children. They think their hard-earned tax dollars, intended to fund their children's education, should not be exclusively confined to public schools. Instead, they believe these funds should be allocated to the school that best fits their child's educational needs, whether public or private, secular or faith-based.

"All they're doing is giving that person's hard-earned tax dollars back to that family to make a decision, 'OK, I can't send my child to a school in my town. What school?'" Keith said.