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Colorado Christian University v. Weaver

534 F.3d 1245 (2008)

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Colorado Christian University v. Weaver

United States Court of Appeals for the Tenth Circuit

534 F.3d 1245 (2008)

Facts

Colorado provided tax-funded scholarships to students who attended accredited universities in the state, whether secular or nonsecular, with one exception: the state refused to provide tax-funded scholarships to students who attended accredited Colorado universities that were “pervasively sectarian.” Colorado defined “pervasively sectarian” by analyzing the following criteria: (1) whether the college trustees adhered too closely to religious doctrine, (2) whether all students and faculty shared the same religion, and (3) whether the college theology courses tended to indoctrinate the students. Applying these criteria, the state determined that students attending Colorado Christian University (CCU) (plaintiff) were not entitled to tax-funded scholarships. CCU was a Christian evangelical university. Notably, the state had approved scholarships to students attending a Catholic university. CCU argued that excluding CCU students from the scholarships violated the First Amendment of the United States Constitution.

Rule of Law

Issue

Holding and Reasoning (McConnell, J.)

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