Judge Rules Hermon School Committee Discriminated Against Church

“If a public school’s facilities are available for public use, a religious organization cannot be denied access to those facilities because it is a religious organization,” U.S. District Court Judge Lance Walker said in his ruling.

A federal judge ruled on Friday that the Hermon School Committee violated Pines Church’s First Amendment rights by rejecting its application to rent space in the town’s high school on a yearly basis for Sunday services, The Maine Wire reported.

Pines Church and Pastor Matt Gioia were awarded $1 in damages, plus other fees, following the decision. The court did not order the school district to grant the requested long-term lease, leaving the church to continue renting space on a month-to-month basis at Spotlight Cinemas in Orono for its weekly services of about 150 attendees.

Judge Walker found it “more likely than not that discriminatory animus” motivated the school committee’s rejection of the church’s request for a year-long lease. At least three committee members exhibited “bad motives” throughout the deliberation process, according to the court filing.

In 2022, the school committee voted 4-1 to approve month-to-month use after turning down requests for a six- or twelve-month lease. The single committee member who voted against doing business with the church entirely asked intrusive questions regarding its denomination, along with views on abortion, LGBTQ+ issues, and diversity, equity, and inclusion.

“There are certainly facts in this record that toe the line between apprehension toward the Church itself and legitimate concerns that arise with a new type of use for a school,” Walker explained.

“But novelty is not a basis to discriminate against religious organizations and whatever novelty this situation presented to the Committee was demystified by the sound legal advice its lawyers provided to the Committee before its discussion and decision.”

Although church services in the school auditorium would have introduced a new undertaking for Hermon, similar arrangements exist elsewhere in Maine. The Rock Church rented Peakes Auditorium at Bangor High School for Easter services in 2011, and other congregations have come to similar agreements with schools in order to accommodate higher attendance during certain parts of the year.

The court concluded that the school committee likely violated the Maine Human Rights Act because the “Church’s status was a substantial factor in the Committee’s decision not to lease to the Church for their requested lease term.” The Free Exercise Clause bars even subtle departures from neutrality on matters of religion.