Tuesday, August 19, 2008

Colorado vs Colorado Christian University

Judge McConnell’s opinion in the case involving Colorado’s denial of Colorado Christian University’s request to participate in the state’s scholarship program because the university is “pervasively sectarian” seems completely persuasive as an application of the Supreme Court’s recent First Amendment Religion Clause decisions. (The case is linked to yesterday’s post: here).

Judge McConnell points out that the exclusion of pervasively sectarian institutions both discriminates among religions (sectarian institutions qualify, but not pervasively sectarian ones) and requires the state to pass judgment on religious belief and practice.

My one qualm about the decision is really a qualm about the path the Supreme Court has taken in these cases over the past decade or so. It seems to leave no room for state institutions to distinguish among potential recipients when deciding who to fund or not fund. The usual test case is an organization like, say Ku Klux Klan University, which might be difficult to deny funding to on some readings of the analysis in cases like this one.

Read it all here.

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