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First Amendment

University of Colorado Law Review

Journal

2018

Colorado Douglas County School District

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Taxpayers For Public Education V. Douglas County School District: The School Choice Movement Soldiers On, Bryce Carlson Jan 2018

Taxpayers For Public Education V. Douglas County School District: The School Choice Movement Soldiers On, Bryce Carlson

University of Colorado Law Review

For nearly a decade, the school choice movement in Colorado has hung in the balance as the fate of the Douglas County School District Choice Scholarship Program worked its way through the courts, even reaching the United States Supreme Court in the process. The main issue at stake was whether Article IX, § 7 of the Colorado Constitution, which prevents public institutions from making any appropriation to a "church or sectarian society," barred students from using a school district scholarship to attend a private religiously affiliated school.

The Colorado Supreme Court in 2015 ruled that the Choice Scholarship Program indeed …