By Bonnie Washuk,Staff Writer

A Washington group representing eight area families who want the state to pay tuition at religious schools is taking its case to the U.S. Supreme Court.

The Institute for Justice in Arlington, Va., filed a case Tuesday with the highest court. It wants the court to overturn a state law, and a court ruling, that says government does not pay tuition at religious schools, even for students who live in towns without high schools.

One of those parents, Jill Guay of Minot, said she’s “ecstatic” about the possibility of the case being heard in the highest court.

“It’s a long shot,” Guay said. “But why not take the chance?”

Dick Komer, a senior attorney with the Institute for Justice, said the odds of the highest court hearing the case are poor. The vast majority of cases are never heard, Komer said. “But we’re very hopeful they’ll take it,” he said. The highest court seems more interested in religious protection than the lower courts, Komer said.

At issue is a state law that prevents towns from paying religious school tuition, even if those towns pay for students to attend their choice of public and private schools. Eight families from Minot, Durham and Raymond – all towns without high schools – pay for students to attend Hebron Academy, Waynflete in Portland and other schools – claim the law violates their constitutional right to free exercise of religion.

Guay said she sent one of her daughters to Poland Regional High School, the school that Minot pays tuition to, but the school wasn’t a good fit. Her choice is the Catholic St. Dominic Regional High School in Auburn. She has one daughter who graduated from St. Dom’s, another entering there this fall.

If the state and town have to pay tuition to another community, “why can’t it be the school of our choice?” Guay asked.

So far, those arguments have not been successful.

In April, Maine’s Supreme Court ruled 6-1 to uphold the state law. The state did not violate families’ constitutional rights; they are allowed to choose religious schools. Maine just doesn’t have to pay for it, the justices concluded.

Maine Education Commissioner Susan Gendron said Tuesday that she’s not surprised the families are turning to the U.S. Supreme Court.

“This group has been very committed to this cause and have pursued every avenue,” Gendron said.

She disagreed that the Maine law discriminates against religion.

According to the Maine Constitution and the Maine Legislature, “I’m not allowed to fund tuition to sectarian schools,” Gendron said. “I believe the court ruled and interpreted what’s in the Maine law,” that taxpayer money does not go to schools that “require a certain level of instruction” in religion, she said.

Maine has about 5,000 students who attend private schools with public money, Gendron said.

The state has 30 days to respond on why the U.S. Supreme Court should not take the case. After that comes a review period in which the court decides which 150 cases it will take, and how many thousands it will reject, Komer said.