Denial of aid at Christian school upheld

Berny Morson, Rocky Mountain News

Published May 19, 2007 at midnight

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A federal judge Friday upheld a state decision denying tuition assistance to students who attend Colorado Christian University.

The Colorado Commission on Higher Education made the decision in 2004 after finding that CCU is "pervasively sectarian." The Lakewood school requires prayer and courses in theology, while the students and trustees are mostly of a single religion, the CCHE held.

CCU argued that refusal to allow participation in the state tuition aid program violated the U.S. Constitution's guarantee of freedom of religion.

District Court Judge Marcia Krieger cited the Colorado Constitution, which forbids the use of state funds to support religious schools.

The CCHE's decision "is narrowly tailored to accomplish the state's compelling interest in complying with the anti-establishment clause of its own constitution," Krieger wrote.

CCU differs from other religiously affiliated schools that do participate in the state tuition program, such as Regis University and the University of Denver, Krieger held. Those schools separate religious instruction from their secular programs, she wrote.

CCU President William Armstrong vowed to appeal. "Judge Marcia S. Krieger's decision is a setback for the students involved and for religious liberty," Armstrong, a former U.S. senator, said in a statement. "In our opinion, the Colorado Commission on Higher Education is violating the religious liberty and equal protection provisions of the U.S. Constitution."

Colorado Higher Education Director David Skaggs said, "I'm pleased with the court's ruling. It upholds sound principles of Colorado law."

morsonb@RockyMountainNews.com or 303 954-5209

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