Hickenlooper, Governor of Colorado v. Freedom from Religion Foundation, Inc., Mike Smith; David Habecker; Timothy G. Bailey; and Jeff Baysinger, 2014CO77 (Nov. 24, 2014)

No harm, no foul. Individuals have standing to sue the government if the government’s actions cause them an injury-in-fact. An injury can be tangible or intangible, but not indirect or incidental. Taxpayers have standing to sue as taxpayers, if the government expenditure is related to the alleged harm. Here, nonbelievers sued over the constitutionality of Colorado’s Day of Prayer proclamations. The Court dismissed not because the proclamations were unconstitutional, but because the Plaintiffs were not injured by them. The incidental expenditure of public funds on overhead was not sufficient to establish taxpayer standing. Plaintiffs also claimed psychic harm by the issuance of the proclamations that politically excluded them by promoting religion, due to their nonbelief. But the government did not coerce, punish, or prevent them from having or changing their beliefs.

http://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2012/12SC442.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=9587&courtid=2

 

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