Douglas County School District v. Larue
In March 2011, Colorado enacted The Choice Scholarship Program to help low-income families send their children to private schools of their choice (some of which were religious).
On June 21, 2011, the ACLU, Americans United for Separation of Church and State, and several Colorado organizations and taxpayers in a Denver District Court to stop the scholarship program. In Douglas County School District v. LaRue, the district court struck down the program, ruling that it violated a nineteenth-century state constitutional provision known as a Blaine Amendment.
Blaine Amendments are provisions in dozens of state constitutions that prohibit the use of state funds at “sectarian” schools. They have an ugly history. Beginning in the mid-nineteenth century, our nation endured a rash of anti-Catholic and anti-immigrant bigotry. This “Know-Nothing” movement—decried at the time by Abraham Lincoln and in modern times by the U.S. Supreme Court—unleashed a spasm of religious discrimination at war with our traditions of religious liberty. Its legacy persists to this day in the form of “Blaine Amendments,” which were adopted in numerous state constitutions in the late 1800s and early 1900s and were designed to suppress Catholic schools in favor of Protestant-dominated public schools.
On April 16, 2012, the Becket Fund for Religious Liberty filed an amicus brief in the Douglas County School District appeal, shining a spotlight on the Colorado Blaine Amendment’s ugly past and its unconstitutional treatment of children in religious schools who simply wish to be treated the same as children in secular schools.
On February 28, 2013, the Colorado Court of Appeals ruled in favor of the scholarship program. The court wisely avoided relying on the Colorado Blaine Amendment, refusing to invoke its nefarious history.
On June 29, 2015, the Colorado Supreme Court overturned the court of appeals decision, interpreting the Blaine Amendment to prevent scholarships from going to students at any religious schools. Douglas County has said that it is considering an appeal to the U.S. Supreme Court, which would give the Supreme Court the opportunity to right the wrong of religious discrimination still apparent in Colorado’s Blaine Amendment today.
On October 28, 2015, Douglas County appealed to the Supreme Court.
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Top Press Releases:
- Colorado Court Upholds Antiquated Law, Prevents Needed Educational Scholarships (July 1, 2015)
- Anti-Religious Amendment Before Colorado Court of Appeals (April 17, 2012)
Top Legal Documents:
- Colorado Cert Petition (October 28, 2015)
- Cert Petition (October 28, 2015)
- Institute for Justice Cert Petition (October 27, 2015)
- Supreme Court Opinion (June 29, 2015)
- Becket Fund’s Amicus Brief (August 4, 2014)
- Colorado Court of Appeals Opinion (February 28, 2013)
- Court Notice Concerning Issuance of the Mandate (December 26, 2012)
- Becket Fund’s Amicus Brief (April 15, 2012)
- Becket Fund’s Motion for Leave (April 15, 2012)
Denver Post: Douglas County school voucher supporters eye bigger legal fight (July 5, 2015)