This week the Colorado Supreme Court dusted off a relic from the state’s anti-Catholic past to strike down a school voucher program. The charming result of this less-than-charitable secularism will be to deny poor children their right to a good education.
Taxpayers for Public Education v. Douglas County challenged the Choice Scholarship Program in the state’s third largest county. Since 2011 the program has offered voucher grants to help students defray the cost of tuition at some 23 private schools that they otherwise could not afford.
The Colorado Supreme Court held 4-3 that because 16 of these schools are “religious in character,” the program violates a section of the state constitution that states no taxpayer funds can be used to “support or sustain” any institution controlled by a “sectarian denomination.” Amid the nativist wave of the 1870s and 1880s, 39 states came to adopt these so-called Blaine Amendments that were meant to target immigrants, religious minorities and Catholic parochial schools.
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