Tenth Circuit declares unconstitutional Colorado’s refusal to provide scholarships to otherwise eligible students who attend accredited Colorado colleges deemed "pervasively sectarian"
How Appealing: 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.