Judge: Douglas County School Voucher Program Moves Forward, No Religious Schools
CASTLE ROCK, Colo. (CBS4)- A judge ruled in the fight over school vouchers in Douglas County on Thursday afternoon. The program can move forward but it will not include religious schools.
A group of parents took the Douglas County School District to court arguing families that want to send a child to a religious or private school should also qualify for the voucher money.
The judge ruled that she cannot find any irreparable harm suffered by the plaintiffs by not using the vouchers or funding for anything other than public school.
Attorney Michael Bindas represents the three Douglas County families in the fight to use school vouchers how they see fit. He believes the denial of those funds is discriminatory.
"They are being discriminated against because they're being told they can't receive an otherwise government benefit simply because of religion," said Bindas.
He argues that should be considered unconstitutional.
"That's the very type of thing the free exercise clause of the United States Constitution was designed to prohibit," said Bindas.
The window for applying for the scholarship for the 2016-2017 school year closes in a matter of days.
Chief Judge Marcia Kreiger did not grant an injunction that could have delayed or impacted that process. She instead argued in her decision that she could not find any irreparable harm that would be suffered by the plaintiffs.
"The school district revealed today that there are no schools participating in this revised program as of today and only five children have applied for vouchers under the program," said attorney Matt Douglas.
An original form of the voucher program allowed the public funds to go to religious schools until that was rejected by the Colorado Supreme Court. The plaintiffs' attorney said this case isn't over yet.
"I think at some point the U.S. Supreme Court will take up the issue," said Bindas.