BOSTON — Despite the plan to close its high school, Saint Dominic Academy argued Tuesday to the U.S. Court of Appeals for the First Circuit that it will continue to be harmed by the state’s anti-discrimination law, which bars it from receiving state tuition funds.

For several decades, Maine had a law excluding religious schools from receiving state funds for students who lived in towns where no public school options are available. In that case, the state will pay a student’s tuition to go to another school.

The law was challenged in federal court and in 2022, the U.S. Supreme Court ruled that the law violated the constitutional right to religious exercise, essentially nullifying it.

However, before that ruling was issued, Maine amended its anti-discrimination law to require religious schools to abide by its anti-discrimination law in its hiring and admission processes in order to receive state funds. In essence, religious schools are ineligible for funds if they refuse to hire or admit people for their sexual orientation.

Saint Dominic Academy, the Roman Catholic Bishop of Portland and Keith and Valori Radonis all filed a lawsuit against the state in 2023, claiming that the rule change violates the First Amendment.

The U.S. District Court of Maine ruled against Saint Dominic and the other plaintiffs last August. The Catholic school system is appealing that decision.

In January, plaintiffs reported to the court that the Radonis family no longer lives in Whitefield, a town without access to a public high school.

“For this reason, it is unlikely that the Radonises could benefit from a preliminary injunction at this time,” the Jan. 17 filing states.

However, that does not change the Bishop’s and Saint Dominic’s standing in the appeal, the filing states.

On Tuesday, Saint Dominic filed another letter to the appeals court reaffirming its standing to appeal the ruling against it last summer despite its plan to close its high school, which the Portland Diocese announced Friday.

The appeal argues that injunctive relief will benefit the high school in its last year of operation and its elementary and middle school programs.  The relief would also benefit other diocesan schools and any new high schools the Portland Diocese intends to open in the future.