“Leave the matter of religion to the family altar, the church, and the private school, supported entirely by private contributions.” Ulysses Grant. Petitioners challenged a scholarship program that required enrollment in a “charter school” and admission to a qualified private school. Taxpayer money funded the scholarship, which was paid to the parents who then paid the private school. Nearly 93% of recipients enrolled in religious schools. The Court held the program unconstitutional under Colorado’s expansive prohibition on public funding of “sectarian” schools because the program “supports and sustains” such schools. The element of private choice was insufficient absent safeguards against funding religious schools. As such, invalidating the program does not violate the 1st Amendment. Petitioners lacked taxpayer standing to challenge the program under a statute.
Tag Archives: CRS 22-54-101
Taxpayers for Public Education and Cindra Barnard, et. al. v. Douglas County School District; Douglas County Board of Education; Colorado State Board of Education; and Colorado Department of Education, and Florence and Derrick Doyel, et. al. Intervenors, 2012COA20 (February 28, 2013)
Money merely represents value; but it has come to symbolize so much more. Here, the Douglas County Public School District created a voucher system that gives taxpayer money to private and/or religious schools. The trial court held it was unconstitutional. The court of appeals reversed based on 4 conclusions: 1) courts may not inquire into the extent of religious instruction, 2) religious institutions are not directly benefited, 3) parents directed the funds, and 4) the system gave parents neutral funding choices that maintained the free educational system. The court also held Plaintiffs lacked standing to enforce a statute. It avoided deciding whether Colorado’s constitutional religion provisions were coextensive with the First Amendment. The dissent concluded the system was a pipeline of public money to religious schools, thus violating Colorado’s Constitution.