Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Wednesday, July 23, 2008

An important religious-liberty decision

Today, in an opinion written by law-and-religion scholar (and Notre Dame honorary-degree recipient) Michael McConnell, the United States Court of Appeals for the Tenth Circuit ruled that Colorado violated the Constitution when it refused, on the ground that the school is "pervasively sectarian", to permit otherwise-qualified students to use publicly funded scholarships at Colorado Christian University.  Here is a link to the opinion.  Here's the key sentence: 

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.

More later . . . .

https://mirrorofjustice.blogs.com/mirrorofjustice/2008/07/an-important-re.html

Garnett, Rick | Permalink

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