A recent case on constitutional validity of a state scholarship program that excluded pervasively sectarian educational programs in Colorado has drawn criticism in a piece at Findlaw.com. Colorado Christian University won the case.
The analysis notes that the big prize in this case is the prospect that the ruling might lead to a jurisprudence that mandates rather than forbids public funding of private religious education on the grounds that secular public schools receive public funding.
Colorado has chosen not to appeal the ruling in favor of the college in the case from the 10th Circuit Court of Appeals. The remedy will not have to be resolved on remand or via a consent degree with Colorado's Attorney General.