News Release

Circuit Court Rules Against
Religious School Vouchers in Maine

Washington, D.C. – A federal appeals court ruled today that the state of Maine does not have to provide publicly funded vouchers to parents who want to send their children to religious schools.

The U.S Court of Appeals for the First Circuit upheld a state law that limits participation in the state's “tuitioning out” program to public and nonsectarian private schools.

The National Education Association (NEA) filed a friend-of-the-court brief urging the court to reject the plaintiffs' claim that the state has to pay for religious education.

“This is another important legal victory for children and public education,” said NEA President Reg Weaver . “The federal courts, the Florida Supreme Court and the Colorado Supreme Court have all established that there are solid legal barriers to vouchers.”

In August, the Florida First District Court of Appeal ruled that the state constitution prohibits direct or indirect public funding for religious schools.  That case is pending before the Florida Supreme Court.  In June, the Colorado Supreme Court ruled that the Colorado voucher plan interfered with local control.  The decision in the U.S. Court of Appeals in the Maine case hinges, in part, on a U.S. Supreme Court decision in Washington State that state-based prohibitions against public expenditures for religious education do not violate the right to free exercise of religion.

“While Americans have the right to attend religious schools, if they wish, the courts have repeatedly ruled that the public should not be compelled to subsidize that decision,” Weaver said. 

Weaver said that parents, teachers, and others who work in public schools are concerned that private school tuition vouchers are a divisive and expensive diversion from the real issues in education.

“Consistently, Americans want investments in what they know will make a difference for their children – quality teachers, small classes and up-to-date books and materials,” Weaver said.  “And consistently, they want those investments made where their children attend school – their neighborhood public schools.”

October 25, 2004

Contact: NEA Public Relations (202) 822-7200

###