Anderson v. Town of Durham

Anderson v. Town of Durham, 895 A.2d 944 (Me.), cert. denied, 127 S.Ct. 661, 166 L.Ed.2d 512 (2006)

Litigation: Challenging Maine’s exclusion of religious schools from town tuitioning voucher program, after the US Supreme Court ruled in Zelman v. Simmons-Harris (see Ohio) that including religious schools in voucher programs is not a violation of the federal Constitution’s First Amendment Establishment Clause. Opposed to educational choice program: Maine Civil Liberties Union Foundation, National Education Association  In support: Institute for Justice

Outcomes: The Maine Supreme Court

Why it Matters: Maine’s Supreme Court did not adhere to the US Supreme Court’s direction regarding voucher programs. However, the US Supreme Court declined to hear an appeal of this ruling. As a result, this ruling has been in effect ever since, and is currently on appeal to the high court in Carson v. Makin (see below).

Effects: Children whose parents wanted them to attend religious schools were excluded from Maine’s town tuitioning program.

Amicus Brief