Judge Roy Moore and Foundation for Moral Law Submit That Colorado Has Unconstitutionally Withheld Financial Aid from Colorado Christian University for Being “Too Religious”

September 19, 2007

Judge Roy Moore and attorneys at the Foundation for Moral Law filed a “friend-of-the-court” brief today with the U.S. Court of Appeals for the 10th Circuit arguing that the Equal Protection Clause of the 14th Amendment to the U.S. Constitution prohibits the State of Colorado from denying financial assistance to Colorado Christian University simply because the state considers the school “pervasively sectarian.” Click here to read the amicus curiae brief filed in Colorado Christian University v. Baker.

Judge Moore said, “This is a fairly simple case of religious freedom: Can a state discriminate against a Christian university simply because it takes its faith too seriously for the government’s liking? The answer of course is no. The Equal Protection Clause demands that a school’s religious faith not be used against it as a liability. We should never allow religious schools to be relegated to second-class status by Colorado law.”

Colorado Christian University is a school that integrates Christian faith into the academic environment and requires its faculty members to adhere to certain Christian principles. The State of Colorado offers higher education financial assistance to colleges in the state with one glaring exception: schools that are “pervasively sectarian,” which is another way of saying they are “too religious” for the government’s liking. Colorado has denied such financial assistance to Colorado Christian because, although it otherwise qualifies, the Christian school is “pervasively sectarian.”

The Foundation’s brief argues that because the 14th Amendment requires all states to provide “equal protection of the laws,” the State of Colorado’s discrimination against schools it deems too religious in nature is unconstitutional. Religion, just like race and other protected classes, should not be the basis for the government to favor certain “secular” schools over “religious” schools or even “less religious” schools over “more religious” schools. The Equal Protection Clause mandates that Colorado Christian University be given equal treatment under the law, regardless of its religious commitment and adherence.

The Foundation encourages the 10th Circuit Court of Appeals to reverse the trial court below and affirm Colorado Christian University’s right to be treated equally before Colorado law. The Colorado statute that has codified financial aid bias against religious schools should be held unconstitutional by the court of appeals.

The Foundation for Moral Law, a national non-profit legal organization, is located in Montgomery, Alabama, and is dedicated to restoring the knowledge of God in law and government through litigation relating to moral issues and religious liberty cases and education consisting of forums for pastors, judges, and the general public.

For more information about the Foundation for Moral Law, please visit www.morallaw.org.