This lawsuit challenges a school voucher plan devised by the Douglas County School Board with the approval of the Colorado State Board of Education, to funnel tax dollars allocated for public education to private schools, including private religious schools.
The ACLU of Colorado, the National ACLU Program on Freedom of Religion and Belief, and Americans United for the Separation of Church & State filed suit in Denver district court, asserting that Douglas County's “Pilot Choice Scholarship Plan" violates Colorado's Public School Finance Act, as well as several sections of the state constitution. The voucher program provides taxpayer funds to private and religious schools that will use this money to provide an education—including religious education and services—with little or no government oversight.
Furthermore, the program plans to claim that the (up to) 500 students enrolled in it are still "public school students" for purposes of collecting state tax dollars, most of which will then be sent directly to the private school. Of the 19 schools in the program, 14 are religious, and three of secular schools only teach students through the 8th grade.
The ACLU lawsuit was consolidated with a lawsuit brought by Taxpayers for Public Education.
After an evidentiary hearing, the Denver District Court issued a preliminary injunction. After a setback in the Colorado Court of Appeals, the plaintiffs prevailed in a 4-3 decision of the Colorado Supreme Court in 2015. In early 2016, the Douglas County School Board attempted to reinstate a modified version of the voucher program. ACLU lawyers obtained an order enforcing the earlier preliminary injunction. In 2016, the United States Supreme Court vacated the Colorado Supreme Court's ruling and ordered the Colorado high court to reconsider in light of Trinity Lutheran Church of Columbia v. Comer, 582 U.S. 449 (2017). That reconsideration was interrupted by the election of new members of the Douglas County School Board, which rescinded the challenged program in late 2017.
ACLU news releases and blogs:
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“ACLU opposed to voucher plan,” C. Ray Drew, Executive Director, ACLU of Colorado, March 25, 2011
- "ACLU and Americans United file lawsuit to block voucher plan that would fund religious schools in Colorado," ACLU News Release, June 21, 2011
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“Your Money's Good Here, It's You That's the Problem,” Daniel Bullard-Bates, ACLU Program on Freedom of Religion and Belief, June 21, 2011
- "Motion to halt Dougco voucher plan filed in Denver District Court," ACLU News Release, July 6, 2011
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"Court blocks voucher plan that would fund religious schools in Colorado," ACLU News Release, August 12, 2011
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“Appeals Court Upholds Voucher Plan That Would Fund Religious Schools in Colorado,” ACLU News Release, February 28, 2013
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“Civil Liberties Groups Ask Colorado Supreme Court to Hear Appeal of School Voucher Case,” ACLU News Release, April 12, 2013
- "Civil liberties groups ask Colorado Supreme Court to strike down Douglas County voucher program," ACLU News Release, May 30, 2014
- "ACLU, Americans United applaud Colorado Supreme Court decision striking down voucher program funding religious schools," ACLU News Release, June 29, 2015
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“Gay? Have a Disability? Can’t Provide Evidence of Salvation? Colorado Voucher Schools Discriminated on Religious Grounds. State Supreme Court Says Not on the Government’s Dime,” Heather Weaver, Senior Staff Attorney, ACLU Program on Freedom of Religion and Belief, June 30, 2015
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“The Supreme Court’s troubling decision on funding for church playgrounds,” Heather Weaver, Senior Staff Attorney, ACLU Program on Freedom of Religion and Belief, June 28, 2017
- Guest Commentary: School voucher decision stops discrimination in the name of religion, Heather Weaver, The Denver Post, July 8, 2015
- "Douglas County School Board votes to end unconstitutional voucher program," ACLU News Release, December 4, 2017
Media:
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“ACLU and Americans United File Lawsuit to Block Voucher Plan that Would Fund Religious Schools in Colorado,” Common Dreams, June 21, 2011
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“Douglas County Vouchers Face Preliminary Injunction Filed In Two Lawsuits,” HuffPost, July 7, 2011
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“School voucher program stopped: Dougco appeal would waste taxpayer money, ACLU says,” Westword, August 15, 2011
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“Court Overturns Block Of Douglas County School Voucher Program,” CBS News, February 28, 2013
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“Douglas County voucher program challenge headed to Colorado Supreme Court,” Westword, March 18, 2014
- "Colorado Supreme Court strikes down school voucher program," Washington Post, June 29, 2015
- "Colorado court rules use of public funds for private schools is unconstitutional," New York Times, June 29, 2015
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“Douglas County school board ends controversial voucher program,” Colorado Politics, December 4, 2017
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"Douglas County School Board votes to end contentious vouicher program," CPR News, December 5, 2017
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“Douglas County school voucher program now officially dead after case dismissed by Colorado Supreme Court, officials say,” The Denver Post, January 27, 2018
ACLU case number
2011-02
