Illegal University of the Cumberlands Funding Struck Down in Court

On March 6 Judge Roger Crittenden ruled that the appropriation of $12 million to the University of the Cumberlands in 2006 violated Kentucky's constitution.

Writing for the Franklin County Circuit Court, Crittenden argued that the allocation of funds violated three sections of the Kentucky Constitution, including the prohibition against using tax dollars to fund a denominational school.

Rev. Dr. Al Pennybacker of Lexington was the lead plaintiff. Others included the Kentucky Fairness Alliance, the Jefferson County Teachers Association, and Rev. Dr. Paul D. Simmons, president of the Board of Trustees of Americans United for the Separation of Church and State.

"Judge Crittenden's ruling simply re-affirms that Kentucky taxpayers aren't expected to fund private, religious institutions," said Christina Gilgor, Kentucky Fairness Alliance executive director.

"It's a victory against state-subsidized discrimination. Kentucky's budget crisis is forcing public schools around the state to tighten their belts. In that climate, a windfall for the University of the Cumberlands is beyond inappropriate," she added.

The University of the Cumberlands expelled honor student Jason Johnson in April 2006, simply because he is gay. Shortly after Jason's story broke, our allies in the legislature alerted us to the appropriation, tucked into the 2006 state budget.

Read more background on the story, as published in the Spring 2006 KFA E-News.

All of us at KFA extend our deepest gratitude to Louisville attorney David Tachau of Tachau Meek PLC, who argued our case eloquently, professionally, and in the end successfully.