This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Background and question before the Court
What each side argues
Petitioners
According to Petitioners, the nonsectarian requirement discriminates based on religion and should be subject to strict scrutiny.
Respondent (Maine)
Source-limited. The record does not yet support a complete account.
United States (Amicus)
According to Malcolm L. Stewart, the judgment of the Court of Appeals upholding Maine’s sectarian school exclusion should be affirmed for three basic reasons.
What happened at oral argument
According to Justice Thomas, justice Thomas: “Neither of the two schools you talk about has indicated that it will accept students who receive state funding or subsidies?”
According to Justice Barrett, justice Barrett: “Well, would the Nelsons go to any place besides Temple Academy?”
According to Justice Kagan, justice Kagan: “Can I take you back to Justice Breyer’s point and also the Chief Justice’s hypothetical, is you said, well, there’s this, you know, strange use‑status?”
According to Justice Gorsuch, justice Gorsuch: “Counsel, on that, I believe the government’s response … is that there is no choice … because individuals can still educate their children in religion by sending them to after‑school programs.”
According to Justice Thomas, justice Thomas: “What exactly is an anti‑establishment interest and where does it come from?”
According to Justice Gorsuch, justice Gorsuch: “I didn’t see in the government’s brief any strict reliance … on a status‑use distinction. Rather, I saw this analogy to government speech. Is that right?”
According to Justice Gorsuch, justice Gorsuch: “Including on the basis of sex and race and other personal characteristics like that?”
- [1] dd2702db7d027350ee54-r1-dfbb69b749e96a95.pdf, p. 6
- [2] dd2702db7d027350ee54-r1-dfbb69b749e96a95.pdf, p. 9
- [3] dd2702db7d027350ee54-r1-dfbb69b749e96a95.pdf, p. 24
- [4] dd2702db7d027350ee54-r1-dfbb69b749e96a95.pdf, p. 28
- [5] dd2702db7d027350ee54-r1-dfbb69b749e96a95.pdf, p. 94
- [6] dd2702db7d027350ee54-r1-dfbb69b749e96a95.pdf, p. 107
- [7] dd2702db7d027350ee54-r1-dfbb69b749e96a95.pdf, p. 119
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- b526387bbed9257ccad7-r1-699847e75835e016.pdfopinion
- dd2702db7d027350ee54-r1-dfbb69b749e96a95.pdforal argument transcript
Guide generated September 28, 2026. Automated validation accepted this version.