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Judge McConnell's New Religious Liberty Case--Skeel

Judge McConnell, the former law professor and leading First Amendment scholar who is now a judge on the Tenth Circuit, issued a potentially important religious liberty case yesterday. As described by Rick Garnett over at Mirror of Justice, the court ruled “that Colorado violated the Constitution when it refused, on the ground that the school is "pervasively sectarian", to permit otherwise-qualified students to use publicly funded scholarships at Colorado Christian University.” (Link to Mirror of Justice here, and to the case here).

I haven’t read the case yet (that’s on the to-do list for today), but the facts may be an important test of the Supreme Court’s skepticism in recent years of rules that exclude religious groups or schools from benefits that are broadly available to other groups, and of the one case (Locke v. Davey) running against this trend. More on this soon.


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