UNIVERSITY OF CUMBERLANDS v. PENNYBACKER

Nos. 2008-SC-000253-TG (2008-CA-000643), 2008-SC-000285-TG (2008-CA-000682).

308 S.W.3d 668 (2010)

UNIVERSITY OF the CUMBERLANDS, Appellant, v. Rev. Albert M. PENNYBACKER, et al., Appellees. Vernie McGaha, (Senator, in his Official Capacity as a Member of the Kentucky General Assembly), et al., Appellants, v. University of the Cumberlands, et al., Appellees.

Supreme Court of Kentucky.

April 22, 2010.


Attorney(s) appearing for the Case

Mark Richard Overstreet, Stites & Harbison, PLLC, Frankfort, KY, James Dee Jordan, Guenther, Jordan & Price, PC, Nashville, TN, Kimberlee Wood Colby, Center for Law & Religious Freedom, Springfield, VA, Counsel for University of the Cumberlands.

David B. Tachau, Tachau Meek PLC, Louisville, KY Counsel for Rev. Albert M. Pennybacker, Rev. Dr. Paul D. Simmons, Jefferson County Teachers Association, Christina Gilgor, Kentucky Fairness Alliance.

Ellen M. Hesen, General Counsel, Frankfort, KY, Counsel for Steven L. Beshear, Formerly Ernie L. Fletcher, in his Official Capacity as Governor of the Commonwealth of Kentucky.

Bryan Howard Beauman, Sturgill, Turner, Barker & Moloney, PLLC, Lexington, KY, Counsel for Vernie McGaha, Gary Tapp, Jack Westwood, Carroll Gibson, Damon Thayer, Ernie Harris Dick Roeding, Danny Ford, Joe Fischer, Mike Harmon, Tom Kerr, Marie Rader and Addia Wuchner, in their Official Capacity as Members of the Kentucky General Assembly.

Mary Wheeler Ruble, Kentucky Education Association, Frankfort, KY, William Ellis Sharp, American Civil Liberties Union of Kentucky, American Civil Liberties Union Program on Freedom of Religion and Belief, Americans United for Separation of Church and State, Louisville, KY, Robert Daniel Beale, American Jewish Congress, Anti-Defamation League, McKenna, Long & Aldridge, LLP, Atlanta, GA, Jessica C. Abrahams, American Jewish Congress, Anti-Defamation League, McKenna, Long & Aldridge, LLP, Mark Alan Wohlander, The Becket Fund, Wallingford Law PSC, Lexington, KY, Lori H. Windham, The Becket Fund for Religious Liberty, Washington, DC, Counsel for Amicus Curiae.


Opinion of the Court by Justice ABRAMSON.

In the 2006 Budget Bill, the Kentucky General Assembly appropriated $10 million for the construction of a pharmacy school building on the campus of the University of the Cumberlands, a Baptist college located in Whitley County. The legislature also appropriated $1 million for a Pharmacy Scholarship Program to benefit pharmacy students "at a private four (4) year institution of higher education with a main campus located in...

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