Colorado Christian University v. Weaver: The Tenth Circuit’s Improper Redefinition of “Excessive Entanglement”
James T. Koebel, 58 Cath. U. L. Rev. 1165 (2009)
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“This Note focuses on the inquiry the state of Colorado used in evaluating whether an institution of higher education was ‘pervasively sectarian,’ and the Tenth Circuit’s determination that such inquiry was excessive government entanglement with religion. The concept of ‘excessive entanglement’ was crafted as a tool that courts could use to analyze Establishment Clause issues, and as a guide that states could use to avoid Establishment Clause violations. The extension of that concept to include the ‘pervasively sectarian’ inquiry ignores precedent and leaves states without an effective guide with which to judge their compliance with the Establishment Clause.”
Related: Colorado Christian University v. Weaver: Implications for the Establishment Clause Following the Death of the “Pervasively Sectarian” Doctrine
