December 12, 2014
DENVER - The Colorado Division of Youth Corrections (DYC), in close collaboration with the American Civil Liberties Union of Colorado, recently adopted a landmark policy regarding the treatment of LGBTQI youth in the department’s care, including transgender and intersex youth.
The new policy will ensure that DYC staff is properly trained to meet the needs of transgender and intersex youth, that appropriate healthcare will be provided to them, that housing and search decisions will be made on a case-by-case basis, that youth are permitted to use the restroom consistent with their gender identity, that preferred names, pronouns, and uniforms are honored, and that seclusion will not be used as a method to keep LGBTQI youth ‘safe.’
Statement of ACLU of Colorado Policy and Outreach Associate Sarah Spears:

“The American Civil Liberties Union of Colorado commends the Colorado Department of Youth Corrections for making significant strides in its treatment of transgender and intersex youth by implementing this new LGBTQI statewide policy.
“DYC recognized that in order to fulfill its mission to protect, restore, and improve public safety by preparing youth to become responsible citizens, the staff must fully understand and be equipped to provide a most basic need for transgender youth, acknowledgement of identity.
“To its credit, DYC has risen to this challenge and is laying sensible groundwork to meet the needs of an increasingly visible LGBTQI youth population.
“An ACLU investigation, which followed complaints of discrimination and mistreatment from a transgender youth in DYC’s care, lay bare that DYC did not have policy or training in place to deal with issues related to gender identity and repeatedly failed to recognize the innate needs of transgender youth.
“Transgender youth are an especially vulnerable population that faces widespread bias, mistreatment, and discrimination, leading to tragically high depression and suicide rates.  The National Transgender Discrimination Survey found that 41% of transgender individuals have attempted suicide in their lifetime; nearly nine times that of the general public.
“DYC joins a small but growing number of other states and departments, including the Denver Sheriff Department, in enacting policy to protect the rights of transgender and intersex individuals in a correctional setting.
“By addressing the needs of this vulnerable population, DYC will be better positioned to achieve its mission. We are eager to see the implementation of this policy bring words into practice.”

Douglas County “Scholarships” Divert Public Funds to Religious Schools

December 10, 2014
DENVER - Attorneys representing civil liberties and taxpayer organizations, including the ACLU of Colorado, Americans United for Separation of Church and State, and Taxpayers for Public Education, argued before the Colorado State Supreme Court today that a Douglas County voucher program that provides public education funds to private religious schools is unconstitutional and should be struck down by the Court.
Matt Douglas of Arnold & Porter LLP, arguing for the plaintiffs, highlighted the Colorado Constitution’s “specific prohibition” on government funds going to schools that are controlled by churches or religious organizations, and Michael McCarthy of Faegre Baker Daniels LLP, representing Taxpayers for Public Education, argued that the Colorado Public School Finance Act forbids using public funds to subsidize tuition payments for students who are attending private schools.
Douglas County’s so-called “Choice Scholarship Pilot Program” offered tuition vouchers worth $4,575 to 500 students to spend at religious and other private schools. For the purposes of obtaining state per-pupil educational funds, Douglas County created a public charter school, which exists only on paper, and enrolled students in the non-existent charter school. In reality, students were set to attend one of 23 district-approved “Private School Partners,” and the voucher money would be paid to those private schools. As of the filing of the lawsuit, 18 of the 23 approved Private School Partners were religious schools.
“Parents are free to send their children to a private religious school if they wish, but Colorado taxpayers should not be forced to pay for it,” said ACLU of Colorado Legal Director Mark Silverstein.
The groups filed a lawsuit challenging the voucher program in 2011. A lower court agreed with their position and struck down the program, but the Colorado Court of Appeals ruled 2-1 in favor of Douglas County in February 2013. In March 2014, the Colorado Supreme Court announced that it would hear the case.
In a brief filed with the Supreme Court earlier this year, the plaintiffs’ attorneys wrote that the program, if allowed to stand, would “eviscerate core provisions of the religion and education clauses of the Colorado Constitution, restrict citizens’ ability to enforce the Public School Finance Act, and give school districts around the state carte blanche to implement similar programs, with potentially devastating consequences for the State’s constitutionally mandated public-school system.”
The plaintiffs are represented by Matt Douglas, Timothy R. Macdonald, and Michelle K. Albert of Arnold & Porter LLP; Ayesha N. Khan and Alex J. Luchenitser of Americans United; Heather Weaver and Daniel Mach of the ACLU Program on Freedom of Religion and Belief; and Mark Silverstein and Sara Rich of the ACLU of Colorado.
Resources:

Visit the ACLU case page with corresponding legal documents: https://aclu-co.org/court-cases/la-rue-v-colorado-board-of-education/

View: Civil Liberties Groups Ask Colorado Supreme Court to Strike Down Douglas County Voucher Program.

December 8, 2014
DENVER – Attorneys for the ACLU of Colorado and Taxpayers for Public Education will argue before the Colorado State Supreme Court this Wednesday that the Court should strike down a Douglas County voucher program that provides public education funds to private religious schools.
Douglas County’s so-called “Choice Scholarship Pilot Program” offered tuition vouchers worth $4,575 to 500 students to spend at religious and other private schools. For the purposes of obtaining the state per-pupil educational funds, Douglas County created a public charter school, which exists only on paper, and enrolled students in the non-existent charter school.  In reality, students were set to attend one of 23 district-approved “Private School Partners,” and the voucher money would be paid to the schools. As of the filing of the lawsuit, 18 of the 23 approved Private School Partners were religious schools.
ACLU cooperating attorney Matthew Douglas of Arnold Porter LLP will argue that the voucher plan violates the Colorado Constitution’s ban on the use of public funds for religious schools.  Michael McCarthy of Faegre Baker Daniels LLP, representing Taxpayers for Public Education, will argue that the Colorado Public School Finance Act forbids using public funds to subsidize tuition payments for students who are attending private schools.
Details:

WHERE: Colorado State Supreme Court 2 East 14th Avenue Denver, CO 80203
WHEN: Wednesday, Dec. 10, 2015 1:30 pm MT
Resources:

Visit the ACLU case page with corresponding legal documents: https://aclu-co.org/court-cases/la-rue-v-colorado-board-of-education/

View: Civil Liberties Groups Ask Colorado Supreme Court to Strike Down Douglas County Voucher Program.