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Thread: Colorado Court Rules Use of Public Funds for Private Schools Is Unconstitutional

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    Colorado Court Rules Use of Public Funds for Private Schools Is Unconstitutional

    http://www.nytimes.com/2015/06/30/us...onal.html?_r=0
    Religious schools should not be receiving public monies - will say many critics BUT
    you can't just discriminate against religious institutions while funding secular private ones. It would be like having a plank that said you can't fund schools run by blacks. A school is a school is a school, even if it is run by people the state doesn't approve of.

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    Re: Colorado Court Rules Use of Public Funds for Private Schools Is Unconstitutional

    Not real sure the Colorado Court got this wrong, according to their own Constitution the reasoning seems sound. What am I missing here?
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    Re: Colorado Court Rules Use of Public Funds for Private Schools Is Unconstitutional

    Some Christian schools especially don't accept federal funds anyway, afraid that the state will take over. So not sure how the court would be wrong here
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    Re: Colorado Court Rules Use of Public Funds for Private Schools Is Unconstitutional

    Yes, the constitution does not allow public money to be spent on religious schools. If there were schools that were specifically anti-religious (as opposed to merely teaching accurate science and history), they would likewise not be eligible for public money.
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    Re: Colorado Court Rules Use of Public Funds for Private Schools Is Unconstitutional

    Good. School vouchers divert money and attention from existing schools and are running public education into the ground.
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    Re: Colorado Court Rules Use of Public Funds for Private Schools Is Unconstitutional

    Am I the only one who noted that it was decided based on the Colorado Constitution and not the US Constitution? This has no relevance outside that state.

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    Re: Colorado Court Rules Use of Public Funds for Private Schools Is Unconstitutional

    The ruling: https://www.courts.state.co.us/userf...13/13SC233.pdf

    Appropriate section of the Colorado constitution: Article 9, Education :: Colorado Constitution :: Colorado Law :: US Law :: Justia

    Section 7. Aid to private schools, churches, sectarian purpose, forbidden. Neither the general assembly, nor any county, city, town, township, school district or other public corporation, shall ever make any appropriation, or pay from any public fund or moneys whatever, anything in aid of any church or sectarian society, or for any sectarian purpose, or to help support or sustain any school, academy, seminary, college, university or other literary or scientific institution, controlled by any church or sectarian denomination whatsoever; nor shall any grant or donation of land, money or other personal property, ever be made by the state, or any such public corporation to any church, or for any sectarian purpose.
    Seems pretty clear cut to me.
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    Re: Colorado Court Rules Use of Public Funds for Private Schools Is Unconstitutional

    A Colorado manner decided by a Colorado court. Good. That sacred 10th amendment in action. Apparently it cuts both for an against "religious liberty", if recent political debate is to be believed.

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    Re: Colorado Court Rules Use of Public Funds for Private Schools Is Unconstitutional

    http://www.nytimes.com/2015/06/30/us...onal.html?_r=0
    Religious schools should not be receiving public monies - will say many critics BUT
    you can't just discriminate against religious institutions while funding secular private ones. It would be like having a plank that said you can't fund schools run by blacks.
    A school is a school is a school, even if it is run by people the state doesn't approve of.
    It was the right choice to make for a number of reasons. Years ago private religious schools were being argued about over admission policies. Religious schools are allowed to refuse admission based on religion. Based on that, and maybe other considerations, courts ruled (or upheld, cant recall which) religious schools can refuse admission (which in most cases is discrimination), but they do not receive public funding. Douglas county tried to work around it by offering kids scholarships to public schools. The only thing the court really ruled on was since the existing state constitution had already stated that religious schools cannot receive funding from taxes, that this program cannot donate to them. Douglas county is arguing that they are giving the tax money to child, not the school, but court ruled that they cannot receive tax funds even through this indirect method.

    Basically religious schools wanted special rights, and they got them. But as a result the state will not fund them.

    This ruling didn't change anything. It clarified the existing ruling.


    Text of Section 34:
    Appropriations to Private Institutions Forbidden.

    No appropriation shall be made for charitable, industrial, educational or benevolent purposes to any person, corporation or community not under the absolute control of the state, nor to any denominational or sectarian institution or association.

    Text of Section 7:
    Aid to Private Schools, Churches, Sectarian Purpose, Forbidden.

    Neither the general assembly, nor any county, city, town, township, school district or other public corporation, shall ever make any appropriation, or pay from any public fund or moneys whatever, anything in aid of any church or sectarian society, or for any sectarian purpose, or to help support or sustain any school, academy, seminary, college, university or other literary or scientific institution, controlled by any church or sectarian denomination whatsoever; nor shall any grant or donation of land, money or other personal property, ever be made by the state, or any such public corporation to any church, or for any sectarian purpose
    Last edited by Kreton; 06-30-15 at 03:27 PM.
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    Re: Colorado Court Rules Use of Public Funds for Private Schools Is Unconstitutional

    Quote Originally Posted by Redress View Post
    The ruling: https://www.courts.state.co.us/userf...13/13SC233.pdf

    Appropriate section of the Colorado constitution: Article 9, Education :: Colorado Constitution :: Colorado Law :: US Law :: Justia

    Seems pretty clear cut to me.
    I suppose the question now is whether Colorado's law that seems to prohibit vouchers only to religious organizations is Constitutional. The court has ruled that the use of vouchers for this purpose does not violate the Establishment Clause (so long as the voucher program meets certain criteria). So (assuming the criteria are met), the question becomes, what is the compelling government interest here, and is the law narrowly tailored to serve that interest.

    With the Establishment Clause off the table, how is this law justified?

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