A decision last week by the 10th U.S. Circuit Court of Appeals righted an injustice against some Colorado college students. It should also spur the legislature to correct a provision of state law that’s clearly in conflict with the Bill of Rights.
A three-judge appellate panel unanimously reversed a federal district court decision, ruling that a state policy denying stipends under the College Opportunity Fund to students at Colorado Christian University violates the Establishment Clause of the First Amendment.
The decision and its reasoning seemed obvious, although they weren’t to the lower court. There’s a growing roster of precedents affirming that state policies must treat religious institutions even-handedly – and must also be neutral between the religious and the secular. Read More..