Thursday, May 15, 2008

Recap of Colorado Christian University 10th Cir. oral argument

Felisa Cardona, writing for the Denver Post, in Separation of Church, Aid Eyed, offers a snapshot of the oral argument yesterday in the CLS Center's Colorado Christian University case challenging the Colorado Commission on Higher Education's denial of financial aid to CCU students:

Judges Stephanie Seymour, Michael McConnell and Jerome Holmes questioned why Colorado taxpayers would be opposed to tuition aid for students attending CCU.

"My problem is why does Colorado care?" Seymour said. "Why do they have any interest if a CCU student goes to chapel every day or attends Regis and goes to chapel every day?"

McConnell questioned why the court should uphold the state law when it's not clear why the exclusion was put in place.

"We're looking to see whether the state had a purpose to sustain this," he said. "Why should we uphold it for a facetious purpose that it looks like the state never had?"

Holmes wondered whether the impact of the exclusion might force religious institutions to change their policies and beliefs in order to receive funding.

"Why wouldn't this law say you have to stop allowing these people to go to chapel if you want to get out of this regulation?" Holmes said.

Center Director Greg Baylor presented oral argument on behalf of CCU.

See previous blog commentary on this case.

For more information on CCU, visit the CCU website or the Peterson's profile of CCU.


Prof. Rick Duncan said...

Any chance you could post a link to a recording of the oral argument?
Thanks, Rick

Greg Baylor said...

Unfortunately, the Tenth Circuit apparently does not make recordings or transcripts of oral arguments available.