Colorado 67th General Assembly - First Regular Session 2009
HB 1267, Chapter 348
AN ACT
CONCERNING THE REMOVAL OF STATUTORY PROVISIONS DESCRIBING PERVASIVELY SECTARIAN EDUCATIONAL INSTITUTIONS, AND MAKING AN APPROPRIATION IN CONNECTION THEREWITH.
Be it enacted by the General Assembly of the State of Colorado:
Weaver, 534 F.3d 1245 (10th Cir. 2008), the United States tenth circuit court of appeals held that Colorado's use of the "pervasively sectarian" standard to discriminate among religious educational institutions in determining those institutions' respective eligibility for state moneys is unconstitutional because:
(a) The standard expressly discriminates among religions without constitutional justification; and
(b) The criteria used by the standard involve unconstitutionally intrusive scrutiny of religious belief and practice.
(2) Therefore, the general assembly hereby declares that:
(a) The "pervasively sectarian" standard of the Colorado Revised Statutes shall be replaced with a new standard that prohibits state assistance only to students who are pursuing professional degrees in theology;
(b) A "professional degree in theology" shall mean an undergraduate or graduate degree from a degree program that is:
(I) Devotional in nature or designed to induce religious faith;
and
(II) Offered by an institution as preparation for a career in the clergy;
(c) This new standard reflects the decision of the United States Supreme Court in Locke v. Davey, 540 U.S. 712 (U.S. 2004), and the provisions of section 7 of article IX of the state constitution.
23-3.3-101. Definitions. As used in this article, unless the context otherwise requires:
(3) "Institution" means an educational institution operating in this state which meets all of the following:
(d) Is not a pervasively sectarian institution, pursuant to section 23-3.5-105, or theological institution or any branch program of an institution of higher education whose principal campus and facilities are located outside this state.
(3.7) "PROFESSIONAL DEGREE IN THEOLOGY" MEANS A CERTIFICATE SIGNIFYING A PERSON'S GRADUATION FROM A DEGREE PROGRAM THAT IS:
(a) DEVOTIONAL IN NATURE OR DESIGNED TO INDUCE RELIGIOUS FAITH; AND
(b) OFFERED BY AN INSTITUTION AS PREPARATION FOR A CAREER IN THE CLERGY.
23-3.3-104. Assistance to professional theology students prohibited. (1) THE POLICIES AND PROCEDURES ESTABLISHED BY THE COMMISSION PURSUANT TO SECTION 23-3.3-102 (3) SHALL INCLUDE:
(a) A PROHIBITION AGAINST THE AWARDING OF ANY FINANCIAL ASSISTANCE PURSUANT TO THIS ARTICLE TO A STUDENT WHO IS PURSUING A PROFESSIONAL DEGREE IN THEOLOGY; EXCEPT THAT THE PROHIBITION DESCRIBED IN THIS SECTION SHALL NOT APPLY TO FINANCIAL ASSISTANCE THAT...
