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A few days ago, the Colorado Supreme Court ruled that the voucher plan adopted by the school board in Douglas County was unconstitutional. It was a split decision. It is puzzling that it was a split decision, because the Colorado state constitution explicitly prohibits any public funding of religious institutions.
Text of Section 7:
Aid to Private Schools, Churches, Sectarian Purpose, Forbidden.
Neither the general assembly, nor any county, city, town, township, school district or other public corporation, shall ever make any appropriation, or pay from any public fund or moneys whatever, anything in aid of any church or sectarian society, or for any sectarian purpose, or to help support or sustain any school, academy, seminary, college, university or other literary or scientific institution, controlled by any church or sectarian denomination whatsoever; nor shall any grant or donation of land, money or other personal property, ever be made by the state, or any such public corporation to any church, or for any sectarian purpose.
s Hess at the American Enterprise Institutethat the U.S. Supreme Court might well decide to throw out this part of the state constitution because it was written in the late 1870s as a Protestant ban on funding Catholic schools. Such amendments, found in 2/3 of the states’ constitutions, are known as Blaine amendments for James G. Blaine of New York, who led the movement to keep public money out of religious schools.