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Tenth Circuit declares unconstitutional Colorado's refusal to provide scholarships to otherwise eligible students who attend accredited Colorado colleges deemed "pervasively sectarian"

Tenth Circuit declares unconstitutional Colorado's refusal to provide scholarships to otherwise eligible students who attend accredited Colorado colleges deemed "pervasively sectarian": Circuit Judge Michael W. McConnell issued today's ruling on behalf of a unanimous three-judge panel.

Today's ruling states, "We find the exclusion unconstitutional for two reasons: the program expressly discriminates among religions without constitutional justification, and its criteria for doing so involve unconstitutionally intrusive scrutiny of religious belief and practice." The Tenth Circuit's ruling reverses a federal district court's decision that rejected the constitutional challenge to this exclusion.

Full post as published by How Appealing on July 23, 2008 (boomark / email).