The Lexington Herald-Leader reported yesterday that two separate lawsuits have just been filed in Kentucky to test the constitutionality of state funding for religiously-affiliated colleges. Funds have been appropriated for a new Pharmacy School and Pharmacy scholarships at the University of Cumberlands. Also funds are earmarked for a technology center upgrade at Baptist-affiliated Campbellsville University. After the the Executive Director of the Kentucky Fairness Alliance filed suit to challenge funding for Cumberlands' pharmacy school, the Governor's Office for Local Development filed a separate suit asking the court to validate the appropriations for both the University of the Cumberlands and Campbellsville University. The Cumberlands funding became particularly controversial after the school expelled student Jason Johnson because he said on a website that he was gay.
Kentucky Governor Ernie Fletcher says that two of his top advisers differ on the constitutionality of the funding. His chief of staff believes it is unconstitutional. However, his general counsel takes the position that the state's Constitutional ban (Sec. 189) on using tax money to support sectarian schools applies only to elementary and secondary schools and not to colleges.
