A federal judge will decide if a lawsuit against Hermon Schools Department alleging discrimination against a local church will continue to trial.
Pines Church, based in Orono, sued the school department in May 2023, alleging the school committee rejected the church’s request for a yearlong lease to use the high school auditorium for Sunday services due to conservative beliefs about sexual identity and contraceptives.
The church was offered a month-to-month lease but did not accept. Pastor Matt Goia previously said a year-long lease would allow the church to plan and budget better.
Lawyers for both sides presented arguments for about an hour and a half Tuesday to U.S. District Court of Maine Judge Lance Walker. Hermon School Department attorney Melissa Hewey argued the case should be dismissed because there was no proof of religious discrimination. Pines Church attorney Bethany Onishenko said the refusal of a long-term lease and unequal treatment access to school facilities is a First Amendment violation.
The church was treated the same as other community groups and allowed to use the facility, it just wasn’t granted a year-long lease, Hewey said. That means there is no basis for finding religious discrimination, she said.
A school committee member reached out to the church’s pastor to ask about their stance on various topics including LGBTQ+ rights and abortion. Goia told the committee member all communication needed to go through the superintendent, who then sent the same questions to the church.
Those questions were sent without clarifying that it did not represent the whole school, which points to discrimination, Onishenko said. Goia did not answer the questions, Hewey said.
It’s on the church to prove bad motive and complicity on behalf of the school for the questions, which the record does not support, Hewey said.
Other organizations have used Hermon school facilities for extended periods of time. However, the legal difference between if those organizations had a long-term lease or not is significant, Walker said.
Walker said he will issue a decision as soon as reasonably possible.
