Liberty Counsel filed an opening brief to the First Circuit Court of Appeals on behalf of Calvary Chapel Belfast, which is appealing a federal judge’s denial of a preliminary injunction that would have stopped the University of Maine System (UMS) from discriminating against the church in a property sale over its religious beliefs. 

The church sought an injunction after UMS rescinded the church’s winning bid for the Hutchinson Center building after public, legislative, and donor outcry over its Christian beliefs. According to the brief, UMS officials also deviated from its bidding procedures, accepted invalid appeals from the losing bidders, and cited relocating an Internet hub from the building as a “cost-avoidance deficiency” as the reason for rescinding the initial award. Subsequently, UMS held a second, rigged bidding process that awarded the building to a secular bidder. 

Despite the evidence of religious discrimination, federal Judge Stacey Neumann denied the preliminary injunction request citing a lack of “direct or circumstantial evidence” connecting UMS’ actions to the community’s religious animus. Judge Neumann also concluded that UMS’ deviation from its bidding procedures in this case was not evidence of discriminatory animus.

However, Liberty Counsel states in the brief that decisions from at least four other appeals courts make clear that when adverse government actions follow in sequence after “bigoted community opposition,” any “direct and circumstantial evidence” of discriminatory intent is “valid.”

Liberty Counsel wrote that the district court disregarded the “cumulative weight” of evidence that UMS revoked the Church’s winning bid in violation of its own rules, against the findings of its own procurement experts, all while “under unprecedented pressure from donors, alumni, faculty, and the disappointed bidders—all of whom attacked the Church’s religious identity and beliefs.” 

As for “cost savings,” Liberty Counsel noted UMS had several non-discriminatory options at its disposal, including negotiating with the church and exercising a lease agreement option to keep the network hub in place.

Calvary Chapel Belfast is likely to prevail on its Equal Protection and Free Exercise claims, wrote Liberty Counsel.  

Under the Equal Protection and Free Exercise Clauses, state actions must act neutrally toward religious beliefs.

The appeal seeks to restore the church as the rightful awardee from UMS’ first, non-discriminatory bidding process.

Although Judge Neumann has denied the injunction request, the property now comes with a notice to any potential purchaser that the church’s lawsuit may “unwind” any sale.

Liberty Counsel Founder and Chairman Mat Staver said, “Calvary Chapel Belfast rightfully won the University of Maine System’s first bidding process. The church participated in the bidding process in good faith, but UMS then unlawfully rescinded their winning bid due to its religious beliefs under the excuse of procedural deficiencies. Such discrimination is unlawful, and an injunction is necessary to restore the church’s bid award and stop these unconstitutional actions.”