Taxpayers for Public Education; Cindra S. Barnard; Marson S. Barnard; James LaRue; Suzanne T. Larue; Interfaith Alliance of Colorado; Rabbi Joel R. Schwartzman; Reverend Malcolm Himschoot; Kevin Leung; Christian Moreau; Maritza Carrera; and Susan McMahon, Plaintiffs-Appellees,
v.
Douglas County School District; Douglas County Board of Education; Colorado State Board of Education; and Colorado Department of Education, Defendants-Appellants and
Florence and Derrick Doyle, on their own behalf and as next friends of their children, A.D. and D.D.; Diana and Mark Oakley, on their own behalf and as next friends of their child, N.O.; Jeanette Strohm-Anderson and Mark Anderson, on their own behalf and as next friends of their child, M.A., Intervenors-Appellants.
Court of Appeals of Colorado, Division IV.https://leagle.com/images/logo.png
Arnold & Porter LLP, Matthew J. Douglas , Timothy R. Macdonald , Michelle K. Albert , Denver, Colorado; American Civil Liberties Union Foundation of Colorado, Mark Silverstein , Sara Rich, Denver Colorado; ACLU Foundation Program on Freedom of Religion and Belief, Daniel Mach , Heather L. Weaver , Washington, D.C.; Americans United for the Separation of Church and State, Ayesha N. Khan , Alex J. Luchenitser , Washington, D.C., for Plaintiffs-Appellees James LaRue, Suzanne T. Larue, Interfaith Alliance of Colorado, Rabbi Joel R. Schwartzman, Reverend Malcolm Himschoot, Kevin Leung, Christian Moreau, Maritza Carrera, and Susan McMahon
Rothgerber Johnson & Lyons, LLP, James M. Lyons , Eric V. Hall , Denver, Colorado, for Defendants-Appellants Douglas County School District and Douglas County Board of Education
John W. Suthers , Attorney General, Daniel D. Domenico , Solicitor General, Antony Dyl , Senior Assistant Attorney General, Frederick R. Yarger , Assistant Solicitor General, Denver, Colorado, for Defendants-Appellants Colorado State Board of Education and Colorado Department of Education
The Legal Center, Randy L. Parcel , Chester R. Chapman , Denver, Colorado, for Amicus Curiae The Legal Center for People with Disabilities and Older People
Burg Simpson Eldredge Hersh & Jardine, PC, Stephen Burg , Daniel McKenzie , Englewood, Colorado, for Amicus Curiae Anti-Defamation League
Husch Blackwell LLP, Jeffrey A. Chase , Elizabeth L. Harris , Denver, Colorado, for Amici Curiae American Federation of Teachers and American Association of School Administrators
Bryan Cave HRO, Stuart Lark , Colorado Springs, Colorado, for Amici Curiae Association of Christian Schools International, Catholic Diocese of Colorado Springs, Shepherd of the Hills Christian School, and Valor Christian High School
Sparks Willson Borges Brandt & Johnson, P.C., Scott W. Wilson , Colorado Springs, Colorado, for Amicus Curiae The Becket Fund for Religious Liberty
Kutz & Bethke LLC, William P. Bethke , Lakewood, Colorado, for Amicus Curiae Vision Home & Community, Inc.
Opinion by JUDGE J. JONES Graham, J., concurs Bernard, J., dissents
Court of Appeals of Colorado, Division IV.
Opinion by JUDGE J. JONES.
¶ 1 In 2011, the Douglas County Board of Education (County Board) adopted the Choice Scholarship Program (CSP). Pursuant to the CSP, parents of eligible elementary school, middle school, and high school students residing in the Douglas County School District (District) may choose to have their children attend certain private schools, including some with religious affiliation. The District would pay parents of participating students...
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