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American Bar Association

ABA Section of Litigation
Children's Rights Litigation

Case Notes


Anderson v. Town of Durham

--- A.2d ---, 2006 ME 39 (Me. 2006)

In a 6-1 decision, the Maine Supreme Court upheld a state law banning state funding of religious schools. The dissent argued that the Maine law is invalid because the US Supreme Court has ruled that state subsidies for religious schools do not violate the establishment clause of the U.S. Constitution. The decision, which marks the second time the Maine Supreme Court has affirmed the law, came in Anderson v. Town of Durham, a lawsuit by eight families who sought to use the public funding to send their children to parochial schools. Although it upheld the law, the Court acknowledged that US Supreme Court precedent gives the Maine legislature room to change the law if it wishes to do so.

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