Kentucky High Court Voids Funding of Pharmacy Building, Scholarships At Baptist University

In University of the Cumberlands v. Pennybacker, (KY Sup. Ct., April 22, 2010), the Kentucky Supreme Court held that a $10 million state appropriation for construction of a pharmacy school at a Baptist college violates the provision in Kentucky's Constituiton that prohibits public funding of "any church, sectarian or denominational school" (Sec. 189). The court rejected the argument that the ban on sectarian funding violates the First Amendment of the U.S. Constitution, finding that the state has legitimate anti-establishment concerns. It also rejected the argument that Sec. 189 of the state Constitution was anti-Catholic in its origins. The court went on to also hold that a $1 million appropriation for a pharmacy student scholarship program at the same college violates the Kentucky Constitution's ban on special legislation (Sec. 59). Justice Cunningham (joined by Justice Scott) wrote a concurring opinion "to dispel any abiding notion that courts, such as this one, in marking clearly the divide between church and state, are taking a legalistic swipe at religion." Justice Scott (joined by Justice Venters) wrote a partial dissent arguing that the pharmacy student scholarship program is permissible. (See prior related posting.) Yesterday's Lexington Herald-Leader reports on the court's decision.