Supreme Court Holds that Maine Violated the First Amendment by Prohibiting Tuition Assistance Funds from going to Religious Schools

On June 21, 2022, the United States Supreme Court issued a 6-3 opinion finding that Maine’s tuition assistance program, which helps offset costs to both public and “nonsectarian” private schools violated the Free Exercise Clause of the First Amendment. Chief Justice Roberts delivered the opinion of the Court. He was joined by Justices Alito, Barrett, Gorsuch, Kavanaugh, and Thomas. Maine’s program was created to offer tuition assistance to families living in rural districts that cannot operate their own secondary school. Under the program, eligible families can choose between any accredited private school or public school. However, the program required that the private schools must be nonsectarian in order to be eligible for the state funding. The Court held that prohibiting the tuition assistance from going to religious schools discriminates on the basis of religion and in turn violates the First Amendment. The ruling allows those families who wish to have their children attend religious school to receive the state tuition vouchers.

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