A federal lawsuit challenging the exclusion of a religious school from a state-funded voucher program gained a powerful backer last week when the U.S. Department of Justice filed a “ Statement of Interest ” in the case supporting the plaintiff. The DOJ argues that Maryland’s decision to exclude Bethel Christian Academy from the state’s voucher program – due to the school’s policies related to same-sex marriage and biological sex – likely violated the school’s right to Free Speech and the Free Exercise of religion. Maryland’s BOOST program provides scholarships for students in low-income families to attend eligible nonpublic schools. To be “eligible,” a school must agree not to discriminate in admissions on the basis of race, national origin or sexual orientation. Program officials stripped Bethel Academy of its eligibility and demanded the return of previous payments. This came after officials discovered that the school’s handbook requires students, faculty and staff to align their conduct with the institution’s position that marriage is defined as a “covenant between one man and one woman, and that God immutably bestows gender upon each person at birth as male or female… .” The Justice Department brief emphasizes that Bethel, a K-8 school, has stated […]
