A civil rights group said Tuesday it is opposing Denver’s push to raise the sales tax for early childhood education because it would give some taxpayer money to religious schools.
“We just don’t do this in America,” said Bruce DeBoskey, the Anti-Defamation League’s regional director. “It is a classic entanglement of government and religion.”
The Anti-Defamation League’s Mountain States Regional Office released a position paper Tuesday that praised the program’s intentions but condemned its potential for violating separation of church and state.
The state constitution specifically forbids any government money from going to religious organizations, he said.
And he said if the initiative passes, “we think it is highly likely this will be challenged and the city will be tied up in court.”
Denver officials, however, said they are confident the program would withstand any legal challenge.
Mayor John Hickenlooper’s chief of staff, Cole Finegan, who’s also city attorney, said the U.S. Supreme Court has ruled in favor of similar programs.
“We have reviewed this issue quite extensively, and we are confident that programs of this nature do not violate the principle of separation of church and state,” Finegan said.
The dispute is over Initiative 1A on the November ballot, which is being pushed by Hickenlooper.
If passed, it would increase Denver’s sales-tax rate to 7.72 percent – an increase of 12 cents on every $100 purchase – to raise $12 million annually for early childhood education.
The proposed program would give families of 4-year-old children tuition credits, and it would provide money to improve preschool programs. Credits would be distributed based on need and the quality of the preschool program selected.
Finegan said a 2002 Supreme Court case upheld a Cleveland, Ohio, program that gave tuition credits to some 3,700 students. The vast majority of students – 96 percent – chose religiously affiliated schools, he said.
City Councilwoman Carol Boigon – a former Anti-Defamation League board member – said that although she respects the league she does not agree with its position.
Because the funds are distributed to individuals who then decide where to spend it, Denver’s program is similar to the federal Head Start, she said.
“This is how we have been doing human services in this country for 50 years,” she said.
Still, Tuesday’s release comes as the first formal opposition to what has been a smooth campaign in favor of 1A. The “Preschool Matters” campaign has raised nearly $1 million for the program.
DeBoskey stressed that his group does not oppose Denver’s intent, but he said the measure “was taken too far.”
“There are many alternatives that could be implemented to address this serious social need,” he said, “without running afoul of this core principle of our democracy.”
Staff writer George Merritt can be reached at 303-954-1657 or gmerritt@denverpost.com.
