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STATE v. FREEDOM FROM RELIGION FOUND.

No. 93SC554.

898 P.2d 1013 (1995)

The STATE of Colorado; Roy Romer, Governor of the State of Colorado; Department of Administration, State of Colorado; and Forrest Cason, Executive Director, Department of Administration, Petitioners, v. The FREEDOM FROM RELIGION FOUNDATION, INC., a Wisconsin Non-Profit Corporation; the Colorado Chapter of the Freedom From Religion Foundation, Inc.; Jeff Baysinger; Howard Huguley; Glenn V. Smith; and Lee Whitfield, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 30, 1995.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Robert Mark Russel, First Asst. Atty. Gen., Dianne E. Eret, Asst. Atty. Gen., Gen. Legal Services Section, Denver, for petitioners.

Robert R. Tiernan, Denver, for respondents.

Coghill & Goodspeed, P.C., John P. Baker and Susan D. Brienza, Denver, for amicus curiae American Civil Liberties Union.

Justice SCOTT delivered the Opinion of the Court.

In this case we must determine whether the content and context of a monument, donated to the State for a secular purpose but containing a message of both religious and secular value, displayed among other monuments and tributes on the grounds of the State Capitol, violate the constitutional provisions prohibiting the establishment of or any preference to religion. We conclude that under the facts of this case they...

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