Hick's 'Preschool Matters' facing test

Proposal violates separation of church, state, groups say

Daniel J. Chacón, Rocky Mountain News

Published October 4, 2006 at midnight

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Two civil rights organizations are bucking Denver's proposed preschool tax, putting a face on the first formal opposition to a November ballot measure that Mayor John Hickenlooper has been touting.

The Anti-Defamation League announced its opposition Tuesday.

The ADL's Mountain States Regional Office contends the measure, which would increase the city's sales tax to give more 4-year-olds access to preschool, violates the principle of separation of church and state.

The proposal, dubbed Preschool Matters, would generate about $12 million annually that would primarily pay for tuition credits for Denver families of 4-year-olds. Parents could pick the participating preschool provider of their choice, including faith-based organizations.

"Government entanglement in religious education, which may well result from this preschool tax, is potentially dangerous for our precious religious freedom," ADL Regional Director Bruce DeBoskey said.

The board of the American Civil Liberties Union of Colorado voted last week to oppose the initiative for the same reasons as the ADL, said board member and Denver attorney Dan Recht.

DeBoskey said the preschool plan is "very well-intentioned" but problematic because it allows religious institutions to collect government funds to teach religion.

But City Attorney Cole Finegan said the plan will comply "with all legal and constitutional standards."

"We are quite confident that programs of this nature don't violate the principle of separation of church and state, according to the most recent ruling of the U.S. Supreme Court," said Finegan, who was referring to a case involving a scholarship program for certain students in the Cleveland City School District.

The Ohio program allows parents to send their children to any participating public or private school that they choose, and the court determined it was constitutional because it's "one of true private choice."

"What the court says is when you put the money in the hands of the individuals, and it's their choice, you've broken the government-church connection," Finegan said.

But DeBoskey said comparing the federal case to Denver's proposal is "apples to oranges."

"The federal case that (Finegan) relies upon has little bearing here because we're talking about interpreting a Colorado state constitutional provision, which is not what the Supreme Court was interpreting in the (Ohio) case," he said.

If the measure passes, DeBoskey said it's likely to be litigated, although the ADL hasn't decided whether to file a lawsuit, he added.

Zack Neumeyer, co-chair of the Mayor's Leadership Team on Early Childhood Education, which is campaigning in favor of the tax increase, said the measure "isn't about indoctrinating kids" but preparing them for the future.

Councilwoman Carol Boigon, who is Jewish, said the ADL is raising valid concerns but that she's confident the city's proposal would respect the separation of church and state.

Preschool tax

Denver voters will decide on Nov. 7 whether to approve a sales tax increase to expand preschool access for the city's 4-year-olds.

• If it passes: Parents would receive preschool tuition credits on a sliding scale. The credits could be applied to faith-based preschool providers.

• Supporters: Mayor John Hickenlooper, the Denver Metro Convention and Visitors Bureau and Metro Organizations for People.

• Opponents: The Anti-Defamation League, the American Civil Liberties Union of Colorado and City Councilwoman Jeanne Faatz.

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