By Andrew Chung

(Reuters) – The U.S. Supreme Court will hear a Wednesday challenge from two Christian families regarding a Maine tuition aid program. It excludes private schools which promote religious beliefs. This gives its conservative justices an opportunity to expand public funding for religiously based entities.

Families of lower court judges will appeal to the nine justices, arguing that they were wrongly dismissed by the Maine program.

Families want their tax dollars used to pay for their children’s education at two Christian schools. These schools integrate Christianity into the classrooms of their students, and they have anti-gay and transgender policies. It is prohibited for the government to endorse any religious belief.

This case is brought to the Supreme Court following the 2020 Montana ruling that allowed more taxpayer money to be channeled to religious schools.

A Maine court ruling could lead to further erosion of the United States’ separation between church and state. The court has had a conservative majority of 6-3 in recent years, and has prioritized expanding religious rights.

Montana’s ruling regarding an education tax credit prevented schools from being disqualified from public assistance based upon their religious affiliation or status. Maine’s case is more concerning. It could lead to states that provide private education subsidizing religious activities.

The case is supported by the President Joe Biden’s administration and public school boards, as well as teacher unions. According to the state, it does not exclude certain private schools because they promote religion but rather because they will use public money.

They claim it is discriminatory to restrict taxpayer money from being used for religious purposes. In Locke, v. Davey (2004), the family asked that the Supreme Court reconsider a precedent that had been upheld in Washington State’s postsecondary grant program. It excluded students of theology.

Maine permits public funding to cover tuition for private schools in certain areas of Maine that are not served by public secondary schools. They must be nonsectarian and can only be exempted if they support a particular faith and/or present material “through that lens.”

The state was sued by two parents, David Carson and Amy Carson. Angela Nelson and Troy Nelson also sued in Federal Court in 2018.

While the Nelsons want to send their son at Temple Academy in Waterville with tuition assistance, they prefer to send him there to study. Bangor Christian Schools is Maine’s third-largest town. The Carsons purchased their daughter out of pocket.

The schools are both fully accredited and private schools. According to court records, they claim to be trying to instil a “Biblical worldview in students.” They won’t admit transgender or gay students or employ gay teachers. Bangor Christian Schools teaches that the husband is the head of the household and offers a class where students can learn to reject the teachings from Islam with God’s truth.

The Boston-based 1st U.S. Circuit Court of Appeals ruled in favor of the families, stating that Supreme Court precedents don’t forbid states to bar public funding from religious organizations based on how they would use those funds.