Charles Midney
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- Jun 2, 2015
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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.
http://www.nytimes.com/2015/06/30/us...onal.html?_r=0
Religious schools should not be receiving public monies - will say many critics BUT
you can't just discriminate against religious institutions while funding secular private ones. It would be like having a plank that said you can't fund schools run by blacks.
A school is a school is a school, even if it is run by people the state doesn't approve of.
Text of Section 34:
Appropriations to Private Institutions Forbidden.
No appropriation shall be made for charitable, industrial, educational or benevolent purposes to any person, corporation or community not under the absolute control of the state, nor to any denominational or sectarian institution or association.
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
I suppose the question now is whether Colorado's law that seems to prohibit vouchers only to religious organizations is Constitutional. The court has ruled that the use of vouchers for this purpose does not violate the Establishment Clause (so long as the voucher program meets certain criteria). So (assuming the criteria are met), the question becomes, what is the compelling government interest here, and is the law narrowly tailored to serve that interest.The ruling: https://www.courts.state.co.us/user...ation/Supreme_Court/Opinions/2013/13SC233.pdf
Appropriate section of the Colorado constitution: Article 9, Education :: Colorado Constitution :: Colorado Law :: US Law :: Justia
Seems pretty clear cut to me.
Not real sure the Colorado Court got this wrong, according to their own Constitution the reasoning seems sound. What am I missing here?
Good. School vouchers divert money and attention from existing schools and are running public education into the ground.
Education is now a state issue?
Public money cannot go directly to religious schools; with vouchers, public money goes to parents who then have a choice in how to spend the money. This is allowed by the constitution.Yes, the constitution does not allow public money to be spent on religious schools. If there were schools that were specifically anti-religious (as opposed to merely teaching accurate science and history), they would likewise not be eligible for public money.
Public money cannot go directly to religious schools; with vouchers, public money goes to parents who then have a choice in how to spend the money. This is allowed by the constitution.
Text of Section 34:
Appropriations to Private Institutions Forbidden.
No appropriation shall be made for charitable, industrial, educational or benevolent purposes to any person, corporation or community not under the absolute control of the state, nor to any denominational or sectarian institution or association.
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
Yes, the question now is whether Colorado has a justifiable rationale for singling out schools with religious affiliations.The latest round of this, the court decided that even indirectly tax money cannot go to religious organizations. The Colorado Constitution is pretty clear on this.
Yes, the question now is whether Colorado has a justifiable rationale for singling out schools with religious affiliations.
No appropriation shall be made for.....educational....purposes to any person, corporation or community not under the absolute control of the state
Neither the general assembly, nor any county, city, town, township, school district or other public corporation.....pay from any public fund or moneys whatever.....to help support or sustain any school.....controlled by any church or sectarian denomination
Good. School vouchers divert money and attention from existing schools and are running public education into the ground.
Public money cannot go directly to religious schools; with vouchers, public money goes to parents who then have a choice in how to spend the money. This is allowed by the constitution.
Good. School vouchers divert money and attention from existing schools and are running public education into the ground.
No, that's just a BS attempt to get around the constitution. Using a middle man doesn't change anything.
I love how you authoritarians try to use the Constitution to keep free people from making free choices. Oh, that's right, you leftists are pro choice lol. How about giving people the choice to use their own education dollars where they choose to use them? Not for that sort of choice are you.
Not everyone agrees with SCOTUS decisions, but they are what they are, and that is the law. Vouchers can be used for education at religious schools, so long as the money doesn't go directly to the school.No, that's just a BS attempt to get around the constitution. Using a middle man doesn't change anything.
That sounds like a separate argument. I haven't read the opinion, but if they did rule against for multiple reasons, then of course the aforementioned law could be found unconstitutional, but the overall decision not be overturned (though in that case, I don't know that it stands a very good chance of being considered by the SC).Yes. These schools want special exceptions. They don't want to follow the state curriculum, they want to be allowed to discriminate based on religion without penalty. Which they are not being forced to do. They are allowed to operate their schools as they see fit. But the public money goes to schools who follow the guidelines.
If you want access to this money you have to do these things. They don't want to do those things, they don't get access to that money. The question is really not about religion, it is about control. If you read the wording of the articles;
If there were religious schools that were able to comply with guidelines they would be eligible.
I love how you authoritarians try to use the Constitution to keep free people from making free choices. Oh, that's right, you leftists are pro choice lol. How about giving people the choice to use their own education dollars where they choose to use them? Not for that sort of choice are you.
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