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BANGOR BAPTIST CHURCH v. STATE OF ME., DEPT. OF EDUC.

Civ. No. 81-0180-B.

576 F.Supp. 1299 (1983)

BANGOR BAPTIST CHURCH, Bangor Christian Schools, Grace Baptist Church, Grace Baptist Church Schools, Falls Road Baptist Church, Falls Road Christian School, First United Baptist Church, Lee Christian Schools, Victory Baptist Church, Victory Christian Schools, Sebec Corner Christian Church, Sebec Christian Academy, Church of the Open Bible, Athens Christian Academy, Church of the Blessed Hope of Jesus Christ, New Life Academy, Windham Assembly of God, Windham Assembly Christian Academy, Calvary Foursquare Church, Gardiner Christian Academy, Reverend Herman C. Frankland, Reverend Harry P. Boyle, Reverend John Hatfield, Reverend John Allen, Reverend Glenn Speed, Jr., Reverend Daniel Dunphy, Reverend Gerald Dennis, Esmeralda J. Dennis, Reverend Adra Lovely, Jr., Richard Ryerson, Reverend Isaiah Hill, Chester L. Dana, Jr., Reverend Walter E. Fordyce, Reverend Jeffrey Clark, John D. Linnehan, Jr. and Heather M. Linnehan, Alfred R. Roussel and Lianne M. Roussel, Thomas M. Obey and Mary L. Obey, David Lavway, Bonnie C. Boyington, Eugene St. Clair, Jr., and Maine Association of Christian Schools, Plaintiffs, Defendants in Counterclaim, v. STATE OF MAINE, DEPARTMENT OF EDUCATIONAL AND CULTURAL SERVICES, Commissioner of Educational and Cultural Services and Members of the Maine State Board of Education, Defendants, Counterclaimants.

United States District Court, D. Maine.

December 20, 1983.

Attorney(s) appearing for the Case

William B. Ball, Philip J. Murren, Harrisburg, Pa., Kevin M. Cuddy, Samuel W. Lanham, Jr., Bangor, Me., for plaintiffs, defendants in counterclaim.

Rufus Brown, Deputy Atty. Gen., William R. Stokes, Asst. Atty. Gen., Ellen E. George, Sp. Asst. Atty. Gen., Augusta, Me., for defendants, counterclaimants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

CYR, Chief Judge.

The plaintiffs challenge the constitutionality of various Maine statutes and regulations governing compulsory education and the approval of private schools. The counterclaim against the ten church schools and their pastors or administrators demands a judicial declaration that their failure or refusal to provide defendants with school approval information violates Maine law, and permanent injunctive...

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