Supreme Court of California

In the context of a case involving bond financing agreements between a public entity and religiously affiliated schools assumed to be "pervasively sectarian," the validity of such a bond funding program under the state constitution turns on whether: 1) each of the recipient schools offers a broad curriculum in secular subjects; and 2) the schools' secular classes consist of information and coursework that is neutral with respect to religion. Also, such a public bond program that satisfies the state constitution would not violate the establishment clause of the First Amendment to the federal constitution.

Appellate Information

• Decided 03/05/2007
• Published 03/05/2007

Judges

• KENNARD, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Orrick, Herrington & Sutcliffe, Norman C. Hile, Sacramento, Margaret Carew Toledo, Michael C. Weed, Sacramento, Eugene J. Carron, Megan V. Hamilton, Los Angeles, Richard I. Hiscocks, San Francisco;  and Gerald F. Uelmen, for Plaintiff and Appellant., Sidley Austin Brown & Wood, Jeffrey A. Berman, Mark E. Haddad, Los Angeles, Gene C. Schaerr and Nicholas O. Miler, for Asuza Pacific University, California Baptist University, Oaks Christian School, Loma Linda University, The Association of Independent California Colleges and Universities, Association of Christian Schools International, Seventh-Day Adventist Church State Council and The Assemblies of God Financial Services Group as Amici Curiae on behalf of Plaintiff and Appellant., Center for Law & Religious Freedom, Gregory S. Baylor, Steven H. Aden, M. Casey Mattox and Samuel B. Casey, for Council for Christian Colleges and Universities and Christian Legal Society as Amici Curiae on behalf of Plaintiff and Appellant.


• For Appellees:
  
• Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, James M. Humes, Chief Assistant Attorney General, Louis R. Mauro, Assistant Attorney General, Catherine Van Aken, Leslie R. Lopez and Zackery P. Morazzini, Deputy Attorneys General, for Respondents., Jordan Budd, San Diego, Elvie Cacciavillani;  Margaret C. Crosby;  and Peter Eliasberg, Los Angeles, for American Civil Liberties Union Foundation of San Diego and Imperial Counties, American Civil Liberties Union Foundation of Northern California, Inc., and ACLU Foundation of Southern California as Amici Curiae on behalf of Respondents.