Judge Roy Moore and Foundation for Moral Law Welcome Decision by 10th Circuit Court of Appeals in the Colorado Christian University Financial Assistance Case
by Staff
August 1, 2008
WASHINGTON, (christiansunite.com) -- Judge Roy Moore and the Foundation for Moral Law applauded the decision of the 10th Circuit Court of Appeals in Colorado Christian University v. Baker stopping the State of Colorado from denying financial assistance to Colorado Christian University simply because the state considers the school to be "too religious." A federal district court had ruled that Colorado is constitutionally allowed to discriminate against a college or university and deny financial aid to its students if the school is "pervasively sectarian." The Foundation had filed an amicus brief urging the 10th Circuit to reverse that decision and find that Colorado's financial assistance program is unconstitutional because it patently discriminates on the basis of religion. The 10th Circuit agreed with the Foundation's reasoning, emphasizing the point that "the discrimination is expressly based on the degree of religiosity of the institution and the extent to which that religiosity affects its operations."
Judge Moore stated:
"Thankfully, the Court of Appeals in this case reversed the absurd ruling of the lower court that permitted the State of Colorado to disregard Colorado Christian University simply because it takes its faith too seriously for the government's liking. We should never allow religious schools to be relegated to second-class status, and because of this ruling, this form of overt religious discrimination will no longer happen in the State of Colorado."
Colorado Christian University is a school that integrates Christian faith into the academic environment and requires its faculty members to adhere to certain Christian principles. Colorado offers higher education financial assistance to colleges in the state with one glaring exception: schools that are "pervasively sectarian," which is another way of saying they are "too religious" for the government's liking. Prior to this ruling by the 10th Circuit, Colorado denied such financial assistance to Colorado Christian because, although it otherwise qualifies, the Christian school was deemed "too Christian."
The Foundation's brief argued that the "exclusion of Colorado Christian University from state financial assistance for its students solely on the basis of the school's affirmation of Christian faith constitutes blatantly unconstitutional religious discrimination." The 10th Circuit echoed this point, noting that "[f]rom its beginning, this nation's conception of religious liberty included, at a minimum, equal treatment of all religious faiths without discrimination or preference" and that Colorado's program violated religious liberty because it "expressly discriminates among religions."
The Foundation for Moral Law, a national non-profit legal organization, is located in Montgomery, Alabama, and is dedicated to restoring the knowledge of God in law and government through litigation relating to moral issues and religious liberty cases and education consisting of forums for pastors, judges, and the general public.
