AMERICANS UNITED LAUDS DECISION STRIKING DOWN COLORADO SCHOOL VOUCHER LAW
Ruling Bars State Law That Would Force Local School Boards To Fund
Religious and Other Private Schools
Americans United for Separation of Church and State today praised a
Colorado State judge for invalidating a statewide school voucher law that
was set to take effect next year.
This spring, Americans United along with the ACLU of Colorado, the National
Education Association and other public interest groups brought suit against
the school voucher law on a number of state constitutional grounds. The
groups represented Colorado parents, clergy and taxpayers.
Today District Judge Joseph Meyer issued an injunction barring the voucher
law from taking effect, saying it violated a section of the state
constitution that requires local school boards to maintain significant
control over funding of district schools.
“Local school boards should not be placed under a state-issued mandate to
fund religious or other private schools,” said the Rev. Barry W. Lynn,
Americans United executive director. “State lawmakers and pro-voucher
lobbying groups were so bent on ramming a statewide voucher system into law
that they overlooked the legitimate interests of local school officials.
This ruling reinforces the state constitutional right of local school
boards to maintain control over funding of public education.”
The voucher law, called the Colorado Opportunity Contract Pilot Program,
requires 11 school districts to participate and allows others to join. The
vouchers for tuition at religious and other private schools were to be
available to low-income students who attend public schools deemed
“unsatisfactory” in at least one academic area.
Meyer wrote in Colorado PTA v. Owens that he saw “no way to interpret the
voucher program statute in a way that does not run afoul of the principle
of local control embodied in” the state constitution.
Lynn added that the ruling was also a victory for those concerned about
state funding of sectarian schools.
“Religious Right pressure groups are working overtime to do away with
public schools in favor of religious schools supported by public
financing,” Lynn said.
The Institute for Justice, a conservative advocacy group in Washington,
D.C., is helping the state defend the law and said Meyer’s ruling will be
appealed to the state Supreme Court.
Americans United for Separation of Church and State is a religious liberty
watchdog group based in Washington, D.C. Founded in 1947, the organization
educates Americans about the importance of church-state separation in
safeguarding religious freedom.
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