A Constitutional Test for Colorado’s Public Schools

The federal school voucher tax credit scheme forgives up to $1,700 in taxes owed by an individual taxpayer in exchange for a donation in the same amount to a Scholarship Granting Organization that provides scholarships to private and religious schools. 

There is no other nonprofit organization seeking donations that taxpayers can contribute to and see 100% of their contribution totally bankrolled by the federal government. The normal tax benefit for contributions is an income tax deduction which is equivalent to about a 30% tax credit.

By funding the scheme with overly generous tax credits and a quid pro quo (i.e., you forgive my taxes and I’ll contribute to your scholarship program for private schools), the federal government is forgoing a significant source of revenue. The Congressional Budget Office estimates that the entirety of the program will add $3.4 trillion to the budget deficit over 10 years.

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Is it Constitutional?

• When the federal government reduces taxes that someone owes, it is effectively spending public money that would otherwise be available in the budget.

• Funding generated as a result of tax credits is public money, and how it is spent is considered a government expenditure. 

• Colorado's Constitution prohibits taxpayer financial support for private and religious schools.

• Colorado's Constitution gives the state, not the federal government, authority over education policy.

• The voucher program undermines a free, thorough, and uniform public education system the state is Constitutionally required to maintain.

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It is clear that this federal school voucher tax program is unconstitutional!

Governor Polis, Colorado citizens object to being forced to participate in a program that violates our state Constitution and harms our public schools. Please withdraw your support!