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In Maine, Lawsuit Argues That State Must Fund Discrimination In Religious Schools

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In Maine, Lawsuit Argues That State Must Fund Discrimination In Religious Schools


Over the previous few years, the Supreme Court docket has, step-by-step, damaged massive holes within the wall between church and state on the subject of schooling. Now a lawsuit in Maine proposes to shatter a number of extra bricks.

Carson v. Makin spun from a peculiarity of Maine schooling legislation. As a result of not all small cities in Maine can afford to run their very own faculty system, the state permits for vouchers for college students from one neighborhood and not using a faculty to attend in a neighborhood that has one. However the legislation restricted the usage of these vouchers to non-religious faculties. Decrease courts agreed that “Maine’s tuition program doesn’t act as a penalty for non secular train, it merely declines to subsidize it.”

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In June of 2022, the Supreme Court docket disagreed, saying that if the state paid for a secular faculty possibility, it should additionally pay for the non secular model. Like different circumstances on this sequence, the choice appeared to raise the free train clause of the First Modification over the institution clause.

In his dissent, Justice Breyer factors some attainable outcomes:

What occurs as soon as “could” turns into “should”? Does that transformation imply {that a} faculty district that pays for public faculties should pay equal funds to folks who want to ship their youngsters to spiritual faculties? Does it imply that faculty districts that give vouchers to be used at constitution faculties should pay equal funds to folks who want to give their youngsters a spiritual schooling? What different social advantages are there the State’s provision of which implies—below the bulk’s interpretation of the Free Train Clause—that the State should pay mother and father for the non secular equal of the secular profit offered?

If lack of state funding is, as Roberts asserts, discrimination in opposition to a faith, precisely who will resolve the situations of non secular fairness within the eyes of the state? As Breyer factors out, “Members of minority religions, with too few adherents to ascertain faculties, may even see injustice in the truth that solely these belonging to extra widespread religions can use state cash for non secular schooling.” How is the state anticipated to resolve such “discrimination”?

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Justice Sotomayor provided the final phrase on this new shift:

In 2017, I feared that the Court docket was “lead[ing] us . . . to a spot the place separation of church and state is a constitutional slogan, not a constitutional dedication.” As we speak, the Court docket leads us to a spot the place separation of church and state turns into a constitutional violation.

However whereas the case marked a shift in governing philosophy in america, on the bottom in Maine, it had little actual impact. That could be about to vary.

The temporary for Carson v. Makin supplies a more in-depth have a look at the 2 personal faculties concerned which helps illustrate the stakes. Bangor Christian Faculties require adherence to a code of conduct; trans or homosexual college students shall be expelled, even when celibate. Their non secular indoctrination is inseparable from their tutorial instruction. A fifth grade social research goal is to “acknowledge God as Creator of the world,” whereas a ninth grade goal is to “refute the teachings of the Islamic faith with the reality of God’s phrase.” Lecturers at BCS should certify that they’re born once more Christians.

The faculties named within the go well with have mentioned that they won’t settle for taxpayer funding if accepting these {dollars} would require them to cease discriminating. And in reality, Maine received forward of the Supreme Court docket by passing an modification to the state’s anti-discrimination legislation expressly forbidding sure sorts of discrimination by any faculty that accepts public funds.

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And that brings us to the brand new lawsuit.

Bangor Christian Faculties is now suing the state of Maine, asking first for an injunction in opposition to the Maine Human Rights Act (MHRA) restriction that bars them from receiving state cash so long as they proceed to discriminate. Their assertion is that the “poison capsule” of human rights legislation in Maine violates their non secular liberty, that they can not train that liberty until they will each obtain state funds and proceed to discriminate in opposition to college students and potential college that don’t meet their non secular necessities.

The lawsuit rests its argument on a number of main factors. For 3 causes, it argues, the poison capsule violates the free train clause. First, the state amended its human rights legal guidelines particularly to focus on the non secular faculties. Second, that the legislation shouldn’t be “typically relevant as a result of it exempts single-sex faculties.” Third, that the “poison capsule” doesn’t fulfill “strict scrutiny,” arguing that the state has no “compelling curiosity in penalizing non secular faculties’ pedagogical mannequin for the sake of ‘nondiscrimination’ if” the legislation doesn’t additionally apply to same-sex faculties.

The go well with additionally argues that making use of the MHRA to maintain the varsity from using solely “co-religionists” violates institution and free train clauses. Lecturers at Bangor Christian Faculties are required to observe faith that aligns with the varsity’s beliefs. Spiritual employers, the varsity argues, are allowed by the legislation to require all staff be believers with out it counting as illegal discrimination.

The go well with additionally attracts in Kennedy v. Bremerton, the case during which the Supreme Court docket present in favor of the highschool coach who led prayers on the 50 yard line after video games.

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Legal professional Basic Aaron Frey mentioned that “all Mainers need to be handled with dignity and respect, whether or not or not it’s of their office, their housing, or of their school rooms. The Maine Human Rights Act is in place to guard Mainers from discrimination and the Workplace of the Legal professional Basic is steadfast in upholding the legislation. If abiding by this state legislation is unacceptable to the plaintiffs, they’re free to forego taxpayer funding.”

The case is being dealt with by First Liberty Institute and Convoy McCarthy PLLC. First Liberty is a Christian conservative agency primarily based in Texas; they’re the identical agency that took each Makin and Kennedy all the best way to the Supreme Court docket. That means that people who observe church-state authorized circumstances could also be following this go well with for some time.



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Maine

Why overdose deaths are declining in Maine

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Why overdose deaths are declining in Maine


Maine is set to close out 2024 as a year that saw a continued decline in drug overdose deaths. But while the top official responsible for coordinating the state’s response to the opioid crisis is glad to see the trend, he’s not celebrating.

That’s because the approximately 500 total overdose deaths projected for this year is still far too high, Gordon Smith, Maine’s director of opioid response, said in an interview.

“One death is too many, but 500 is a catastrophe. It’s simply better than 720 [in 2022],” he said, referring to the year when Maine saw its greatest number of overdose deaths.

Across Maine, 405 people died after overdosing between January and October, according to the Maine Drug Data Hub. That official count represents a 20 percent decrease compared with the same time period in 2023. It continues the decline first seen in 2023, when fatal overdoses decreased 16 percent compared with 2022.

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The reasons for the decline are not truly known, Smith said, but it is probably at least partially due to the decreasing potency of fentanyl, a powerful manmade opioid that is the most frequent cause of death. There are also more services in Maine to help people with an addiction to opioids than in the past.

The Bangor Daily News spoke with Smith about the changes he has seen since his position in state government was created in 2019, after fentanyl turned Maine’s ongoing opioid crisis even more deadly. From distributing hundreds of thousands of doses of overdose-reversing naloxone, to training more than 2,000 people as peer recovery coaches, to expanding access to treatment, Maine has significantly boosted help for people who need it, Smith said.

For instance, more than 5,000 people are currently receiving methadone, the most ever, Smith said. Providers in Maine are also prescribing a record 16,000 to 20,000 people with buprenorphine, another medication for opioid use disorder. While people can have success with an abstinence-based approach to treatment, he said, medications such as methadone and buprenorphine have been shown to increase people’s odds of staying in long-term recovery.

The following Q&A has been condensed:

Gordon Smith, state of Maine: I think one of the reasons that this is all going better now is that so many people are willing to take some help medically, and we’ve really encouraged the medical community to step up and make that available in all the primary care practices, in all the emergency departments — low-barrier access to buprenorphine. We’re only down to three to five [predominantly small, rural] emergency departments in Maine that aren’t ready to do that, and we’re working with them to make sure that they do get ready to do it.

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Erin Rhoda, BDN: I don’t know that any ERs a number of years ago were prescribing buprenorphine. Is that right?

Smith: None were.

You’re recalling, in Executive Order 2, which established my position in February of 2019 … we said the first thing I’m going to do is buy 35,000 doses of naloxone. … Now it’s truly the thing that’s making the biggest difference in keeping people alive. The data in [the state’s monthly overdose report] is startling: 95 percent of people that overdose in Maine today are surviving their overdose. That’s remarkable. …

The second thing we said in that executive order, after we purchased 35,000 doses of naloxone, was we were going to ask every emergency department to have low-barrier access available to buprenorphine, to any patient that came in after an overdose or was otherwise struggling with substances. …

One of my favorite things in that executive order was we asked every prison and facility and every jail to make sure that people who had a substance use disorder were treated for their illness and had medication available, meaning buprenorphine generally.

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Because it’s just stunning, as a health care lawyer, that in 2019, two decades after the Americans with Disabilities Act, that people with substance use disorder were not treated when they were incarcerated. And that’s still true in the majority of carceral settings in this country. …

Almost 50 percent of the [inmates in Maine’s prison system] are on medication for substance use disorder. Which sounds like an insane amount except we know that 70 or 80 percent of them have a substance use disorder. In many of the jails also the numbers are up around 50 percent, sometimes more.

Rhoda: Are all jails now offering treatment?

Smith: They’re all offering treatment. They’re all offering medication. They’re not necessarily all offering the injectable version of buprenorphine. The goal would be to offer all [U.S. Food and Drug Administration] approved products for substance use disorder and in all of their versions — injectable, film, pills, whichever works for that particular resident of the jail, but almost no jail or facility at this point is able to offer all those versions.

Rhoda: [The jails offering medication] seems like a huge change.

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Smith: There’s not a single facility, Erin, that is where we’d like to have them right now, but they’re all way, way better than it was. The reason that they’re not further along is really resources. … We’ve made some more state money available to them. The governor did $4 million in the last budget, more money for the jails for these purposes, but it really is an issue of resources.

And you know, in the grand scheme of things I’d really prefer to not see people with substance use disorder in jail. I’d like to see a lot more diversion. …. The treatment courts are trucking along. We’ve got one in … every county except Aroostook County, and we’ve got a great plan up there that Todd Collins, [the district attorney], and a whole bunch of people worked on, but we need $750,000 a year to do it, and nobody has come up with that money. So we’ll try again.

Rhoda: I also remember when there were no detox beds [at facilities that medically supervise people through the acute stages of withdrawal].

Smith: We now have about 120, 130 detox beds because we’ve also been successful in getting the private places to open some beds to MaineCare, like Pine Tree in Portland and Libby Bay. We’ve got 10 beautiful Wabanaki beds [in Bangor] … but they’re not full. I think part of it is communicating to people who might need those beds that they’re not just for Indigenous Mainers, number one, and that they’re open for business.

Rhoda: When it comes to the overdose death rates, are you seeing really big declines in certain areas? Where in Maine have you seen the biggest declines?

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Smith: Actually in Portland. It has not been uniform across the state. There are some counties that will see more deaths this year than last year. They tend to be smaller numbers, but still. …

We’ve seen the biggest decline really in the urban areas, and we’ve not done as well in reducing overdoses in some of the rural areas. We need to do a better job there. Some of it is hard to address. It takes a long time to get an ambulance out to Springfield, Maine, 20 miles east of Lincoln, right? Fentanyl acts very quickly. Too many people use alone. Why do they use alone? There’s a lot of shame and stigma associated with it.

Rhoda: Stimulants are continuing to increase as a cause of death in combination with other drugs like fentanyl. What do you make of that, why that’s happening?

Smith: I don’t think anybody knows. Not a week goes by that we’re not on some webinar with our federal partners and national people; we get together with our New England group all the time, we talk about these things. Nobody really knows. People don’t even know why the death rate is declining. We speculate.

There’s a North Carolina drug lab run by Dr. [Nabarun] Dasgupta. He posited eight different theories [for the decline in overdose deaths]. They all made sense to me: more naloxone, more treatment available. …

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Now xylazine [a sedative added to fentanyl that is not as lethal] is a factor. We’re up to 14 to 16 percent xylazine. Oddly enough it might be some of these fillers that are helping to keep people alive. It’s still doing really bad things to them, you know, but they don’t die.

Rhoda: With xylazine, that’s a relatively new thing. Do you think that that filler is playing a role in the declining number of deaths?

Smith: It is one of the things that the researchers are speculating that may be part of why fewer people are dying. …

The fact is that nationwide we’ve seen a 10 to 12 percent decline, and not every state is doing what we’re doing, right? In some of the New England states, probably New Hampshire and Maine have seen the sharpest declines. But every state has seen some improvement. So it’s more than just what we’re doing.

Rhoda: Where does Maine stand exactly in its decrease of opioid deaths relative to the nation? We are falling faster?

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Smith: Yes, but we were also higher to start with. We started from a pretty bad place in 2018, 2019. And so we’re coming down now towards the middle.

Rhoda: I’ve been reading about the declining toxicity of fentanyl. The fentanyl on the street is becoming weaker. Is that happening in Maine?

Smith: Probably. We don’t necessarily have enough drug checking and drug testing to know that. … It’s funny because we used to talk about fentanyl adultering everything else; now people want fentanyl, and it’s being adulterated with everything from xylazine to other fillers, including cocaine and meth.

So, again, we don’t have the sophisticated kind of drug-checking apparatus. We’ve got four new drug-checking machines that are just starting to be used. There’s one in Machias, one in Sanford, as part of Project DHARMA. It’s a federal grant run out of the Maine Medical Center. …

The whole idea is we’re going to start testing residual amounts of drugs — in syringes usually — at various sites around the state and then get that to the Colby drug lab and see what’s in these drugs. That will give us maybe a head start on what kind of drug policies we need in the state in reaction to that. So it’s possible in a year or two when you ask me the question about the strength of the fentanyl that I’d have actually good chemistry to answer that question, but it’s just starting.

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Rhoda: What do you think next year will bring?

Smith: I don’t think we need a lot of new initiatives, but I think we need to put more resources into all the things we’re doing. We had one crisis receiving center [to help people with a range of mental health or substance use challenges]. Now we’re going to have five. We had three McAulay houses [for women in recovery and their children]. Now we’re going to have seven. We’ve got 1,000 recovery beds [at about 100 recovery residences]. We need probably 200 more in rural areas.

We need to just keep doing what we’re doing, lower the stigma, let people know we care about them, give them hope, and make sure when they’re ready today that we’ve got a bed for them, or an outpatient facility, whatever they need. That’s my hope.

Rhoda: A final note here: What do you want families to do if they have a loved one with addiction? If they’re reading this and they think, I really need to do something, what is your advice?

Smith: There are support groups for family members. We have 24 recovery community centers now. Call 211. Don’t suffer in silence alone, and don’t give up on your loved one.

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Erin Rhoda is the editor of Maine Focus and may be reached at erhoda@bangordailynews.com.



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Maine delays enforcement of campaign donor limits

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Maine delays enforcement of campaign donor limits


Maine Attorney General Aaron Frey will delay the enforcement of new campaign finance limits approved by nearly 75% of Maine voters to allow time for a lawsuit to work its way through the courts.

Frey agreed to delay enforcement until May 30, according to a court order announced by the Institute for Free Speech. The national conservative advocacy group sued the state in U.S. District Court in Portland on behalf of two political action committees connected to a Republican state lawmaker.

“We’re extremely pleased that the state has agreed to postpone enforcement of Question 1,” said Institute for Free Speech Senior Attorney Charles “Chip” Miller. “The agreement avoids expense necessary to obtain a temporary restraining order, an expense that Maine would ultimately bear when we prevail.”

Maine voters approved a citizen initiative in November to limit the amount of money that can be donated to political action committees seeking to influence candidate elections. The limit does not apply to PACs operated by political parties or that seek to influence referendum campaigns.

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The institute says the $5,000 contribution limit is unconstitutional and directly contradicts the U.S. Supreme Court’s 2010 ruling in Citizens United v. the Federal Election Commission. That ruling said the 1st Amendment in the U.S. Constitution allows PACs to spend as much money as they want in elections.

Advocates, including Citizens to End Super-PACs, expected the lawsuit to be filed. They are hoping the case will make it to the nation’s highest court, which has not yet ruled whether or not the 2010 decision also allows individuals and corporations to donate unlimited sums to PACs.

After Citizens United was decided, a federal appeals court ruled that limits could not be placed on donations to PACs, but the decision was never appealed to the Supreme Court.

In Friday’s ruling, U.S. Magistrate Judge Karen Wolf said the new state law was originally slated to take effect on Dec. 25, but the state agreed to postpone enforcement for five months “to allow time to resolve this case and avoid the need for the plaintiffs to seek a temporary restraining order.”

The order sets deadlines for each party to file their legal briefs in the coming months, with a hearing anticipated for March.

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According to the schedule, the state must file its answer to the lawsuit by Jan. 6. Deadlines for additional briefs are Jan. 15, Feb. 14 and Feb. 28.

The two Maine-based PACs named as plaintiffs are Dinner Table Action PAC and For Our Future, which are controlled by Alex Titcomb and connected to Rep. Laurel Libby, R-Auburn.

Over the last two years, For Our Future has raised nearly $406,000 — $375,000 of which came from the Concord Fund, which is connected to Leonard Leo, a major conservative donor and activist who played a central role in establishing a conservative majority on the U.S. Supreme Court. Leo owns a home in Maine.

The institute says the citizens’ referendum will force PACs to disclose the names of all donors, including small-dollar donors, who are currently exempt.

Dinner Table Action has raised nearly $502,000, with about $25,500 coming from small donors giving less than $50.

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Maine home destroyed by fire, propane gas explosion

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Maine home destroyed by fire, propane gas explosion


A home in eastern Maine was destroyed by a fire that started with a propane gas explosion on Thursday morning.

The Maine Fire Marshals Office said it was called to an address on Milford Road in Grand Lake Stream around 10:30 a.m. Thursday for a single-family home that had been destroyed by fire.

They said the fire started outside the home, where a delivery driver from VL Tammaro was filling residential propane tanks. A malfunction in the filling process caused the release of gas, and an explosion occurred when the propane was ignited by an unknown source.

The driver of the propane truck sustained second degree burns and was treated and released from a local hospital.

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The owner of the property was home at the time but was not injured.

The fire marshals office was assisted on scene by the Maine Fuel Board.

Grand Lake Stream, which only has about 125 residents, is located in far eastern Maine not far from the Canadian border.



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