David CARSON, AS parent and NEXT FRIEND OF O.C.; Amy Carson, as parent and next friend of O.C.; Alan Gillis, as parent and next friend of I.G.; Judith Gillis, as parent and next friend of I.G.; Troy Nelson, as parent and next friend of A.N. and R.N.; Angela Nelson, as parent and next friend of A.N. and R.N., Plaintiffs, Appellants,
v.
A. Pender MAKIN, in her official capacity as Commissioner of the Maine Department of Education, Defendant, Appellee.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Vivek Suri , Assistant to the Solicitor General, with whom Eric S. Dreiband , Assistant Attorney General, Halsey B. Frank , United States Attorney, Elliott M. Davis , Acting Principal Deputy Assistant Attorney General, Thomas E. Chandler , Attorney, Civil Rights Division, U.S. Department of Justice, and Eric W. Treene , Attorney, Civil Rights Division, U.S. Department of Justice, Washington, DC, were on brief, for United States, amicus curiae.
Jay Alan Sekulow , Washington, DC, on brief for the American Center for Law and Justice, amicus curiae.
Russell Menyhart , Taft Stettinius & Hollister LLP, Indianapolis, IN, Leslie Hiner , EdChoice, Joshua D. Dunlap , and Pierce Atwood LLP, Portland, ME, on brief for EdChoice and Maine Heritage Policy Center, amici curiae.
Zachary L. Heiden , Portland, ME, Emma E. Bond , Daniel Mach , Heather L. Weaver , Richard B. Katskee , Alex J. Luchenitser , Sarah R. Goetz , M. Freeman , and David L. Barkey , New York, NY, on brief for American Civil Liberties Union, American Civil Liberties Union of Maine Foundation, Americans United for Separation of Church and State, ADL (Anti-Defamation League), Central Conference of American Rabbis, Hindu American Foundation, Interfaith Alliance Foundation, Men of Reform Judaism, National Council of Jewish Women, People for the American Way Foundation, the Reconstructionist Rabbinical Association, Union for Reform Judaism, Women of Reform Judaism, American Atheists, Inc., Susan Marcus, James Torbert, and Theta Torbert, amici curiae.
Bruce W. Smith , Malina E. Dumas , Portland, ME, and Drummond Woodsum on brief for Maine School Boards Association and Maine School Superintendents Association, amici curiae.
Francisco M. Negrón, Jr. , John Foskett , Boston, MA, and Valerio, Dominello & Hillman LLC on brief for National School Boards Association, Maine School Boards Association, Massachusetts Association of School Committees, New Hampshire School Boards Association, and Rhode Island Association of School Committees, amici curiae.
Alice O'Brien , Washington, DC, Eric Harrington , Kristen Hollar , Judith Rivlin , Jennifer Mathis , San Francisco, CA, Jennifer Reisch , Paul D. Castillo , Cleveland, OH, Andrew T. Mason , and Sunu Chandy on brief for National Education Association; American Federation of State, County and Municipal Employees, AFL-CIO; Bazelon Center for Mental Health Law; Center for Law and Education; Council of Administrators of Special Education; Equal Rights Advocates; GLSEN; Lambda Legal Defense and Education Fund, Inc.; Maine Education Association; National Women's Law Center; and Southern Education Foundation, amici curiae.
Before Barron, Circuit Judge, Souter, Associate Justice, and Selya, Circuit Judge.
BARRON, Circuit Judge.
The Maine Constitution instructs the state legislature "to require[] the several towns to make suitable provision, at their own expense, for the support and maintenance of public schools." Me. Const. art. VIII, pt. 1, § 1. In response, the legislature passed a statute that obliges it to "enact the laws that are necessary...
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