Christian School Sues Colorado in Latest Challenge to Bans on State Funds Going to Religious Schools

A Christian school in Colorado is suing the state over its prohibition on state funds going to religious schools, alleging the ban constitutes a form of religious discrimination. Riverstone Academy, which opened last fall and has been called “Colorado’s first public Christian school” by its supporters, filed a federal lawsuit against Colorado’s Board of Education.Riverstone’s website says it offers “strong academics with classical values, hands-on trade-based learning, and a Christian foundation to help students grow in both knowledge and character.” The lawsuit alleges that the prohibition on state funds going to religious schools violates the First and Fourteenth Amendments.The lawsuit comes as religious liberty advocates are hoping to get the question of whether state funds can go to religious charter schools before the Supreme Court once again. Last week, Oklahoma’s Virtual Charter School Board rejected the application of a Jewish charter school. The proposed school’s organizations promised to file a federal lawsuit challenging the decision, arguing it violates the First Amendment.That lawsuit comes after the U.S. Supreme Court was deadlocked on the question of whether public funds can go to religious charter schools last spring, which kept a lower court’s block on religious charter schools in place. Critics argue that state funding of religious schools violates the Constitution’s Establishment Clause because they would be acting as agents of the state while providing religious instruction.Riverstone’s lawsuit stems from a letter Colorado sent to the organization that authorized and distributed funds to the Christian school, the Education ReEnvisioned BOCES, ERBOCES. The letter noted that Colorado’s constitution requires that public schools be nonsectarian. “ERBOCES is a public entity bound by the federal and state constitutions,” the letter said. “Thus, any school that ERBOCES operates must be nonsectarian in nature.”While Riverstone has received funds — for now — through ERBOCES, there have been some questions about whether the state would seek to claw back that money. State education officials said they are conducting an audit of ERBOCES and will decide whether to try to claw back the funds from Riverstone once that process is completed.The Riverstone lawsuit alleges that the state’s ban on funding for religious schools is unconstitutional. “Colorado law requires the State to unconstitutionally discriminate on the basis of religion when awarding government contracts,” the complaint says. “The state constitution and statutes prohibit school districts and BOCES from contracting with religious schools to provide educational services, in violation of religious schools’ free exercise rights as well as the rights of the religious students and parents who would attend that school.”Riverstone is being represented by First Liberty Institute and First & Fourteenth.An attorney for First & Fourteenth, Michael Francisco, said in a statement, “Colorado law treats religious schools differently just because they’re religious. This is yet another example of Colorado trying to unconstitutionally punish and exclude people of faith just because it doesn’t like their beliefs.”The Colorado Department of Education says it does not comment on pending litigation.

Christian School Sues Colorado in Latest Challenge to Bans on State Funds Going to Religious Schools

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