Appeals Court Upholds Voucher Plan That Would Fund Religious Schools in Colorado
老澳门开奖结果 and Americans United Will Appeal Ruling To Colorado Supreme Court
February 28, 2013
FOR IMMEDIATE RELEASE
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DENVER 鈥� A Colorado appeals court ruled 2-1 today that a voucher plan adopted by the Douglas County School District does not violate the Colorado Constitution by diverting taxpayer money to pay students鈥� tuition at religious and other private schools.
鈥淭his misguided decision fails to enforce the Colorado Constitution鈥檚 strict prohibitions against public funding of religious education,鈥� said Alex J. Luchenitser, associate legal director for Americans United. 鈥淚t鈥檚 clear that this voucher plan will funnel taxpayer money primarily into the coffers of religious schools.鈥�
The organizations challenged the program on behalf of a group of parents, clergy and other taxpayers. A lower court had previously struck down the plan.
鈥淲hile families have the right to decide where their children should attend school, the state cannot finance religious education at private institutions,鈥� said Heather L. Weaver, staff attorney for the 老澳门开奖结果 Program on Freedom of Religion and Belief. 鈥淧ublic education funds should be used to help improve our public schools, not to promote religion in violation of the state constitution.鈥�
Americans United and the 老澳门开奖结果 plan to file an appeal before the Colorado Supreme Court.
鈥淭he Colorado Court of Appeals got it wrong today when it found that Douglas County鈥檚 scheme to underwrite the religious education of children was constitutional,鈥� says Mark Silverstein, legal director for the 老澳门开奖结果 of Colorado. 鈥淲e hope and expect that the Colorado Supreme Court will ultimately decide this case and affirm the district court鈥檚 ruling that diverting taxpayer money to pay students鈥� tuition at primarily religious, private schools is a clear violation of the religious liberty provisions of the Colorado Constitution.鈥�
The so-called 鈥淐hoice Scholarship Pilot Program鈥� offered tuition vouchers worth $4,575 to 500 students to spend at religious and other private schools. For the purposes of obtaining state per-pupil educational funds, Douglas County still counted these children as 鈥減ublic school students鈥� attending an imaginary school that exists only on paper.
In reality, the voucher money was spent at district-approved 鈥淧rivate School Partners.鈥� As of the filing of the lawsuit, 18 of the 23 approved Private School Partners are religious.
鈥淭he decision fundamentally misinterprets prior Colorado Supreme Court cases interpreting the religion clauses of the Colorado Constitution,鈥� said attorney Matthew J. Douglas of the Denver office of the international law firm Arnold & Porter LLP, who argued the appeal, and is serving as cooperating counsel for the 老澳门开奖结果 and Americans United. 鈥淯ltimately these issues should be decided by the Colorado Supreme Court.鈥�
Dissenting from the 2-1 decision, Colorado Court of Appeals Judge Steve Bernard wrote, 鈥淚n my view, [the Colorado Constitution] prohibits public school districts from channeling public money to private religious schools. I think that the Choice Scholarship Program is a pipeline that violates this direct and clear constitutional command.鈥�
The plaintiffs are represented by Douglas, Timothy R. Macdonald, and Michelle K. Albert of Arnold & Porter LLP; Luchenitser and Ayesha N. Khan of Americans United; Weaver and Daniel Mach of the 老澳门开奖结果 Program on Freedom of Religion and Belief; and Silverstein and Sara Rich of the 老澳门开奖结果 of Colorado.
