Kentucky's Capitol
(2009-09-24)
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The seven-member Kentucky Supreme Court gave no indication when it may rule in the case, but it likely will be several weeks.
Photo courtesy Kentucky Administrative Office of the Courts (Click image to enlarge)
(CLICK ARROW ON BAR ABOVE TO HEAR TONY'S REPORT)
In 2006, Kentucky lawmakers appropriated 11-million dollars of coal severance tax funds to the University of the Cumberlands for construction of a pharmacy school. A trial judge says the appropriation violates the state constitution. But Attorney Kimberlee Colby, arguing for the university, disagrees, saying the school will address a severe shortage of pharmacists and benefit all Kentuckians.
"The Kentucky Pharmacists Association sent a letter in which they were expressing their great happiness that this school was being funded," said Colby.
But Attorney David Tachau, arguing for opponents of the expenditure, says there's no evidence of a serious shortage of pharmacists and no binding agreement assuring the building won't be used for religious purposes. A ruling from the supreme court is not expected for several weeks.
(ADDITIONAL QUOTES FROM THE HEARING)
A Franklin Circuit judge says the 2006 appropriation to the University of the Cumberlands is unconstitutional. Attorney David Tachau, arguing for opponents of the expenditure, agrees.
"Counsel can reassure us there will not be any religious training in connection with the pharmacy school, but that's not an enforceable commitment," said Tachau. "What is an enforceable commitment, is that advancing the Kingdom of God in the area of a Christian higher education, must be a part of the education that takes place at the University of the Cumberlands."
But attorney Kimberlee Colby, arguing for the university, says the school will help reduce a shortage of pharmacists in Kentucky.
"In Ephron, it was a shortage of hospitals that triggered the General Assembly's action and in this case it is a shortage of pharmacists."
That drew this response David Tachau.
"There is absolutely no evidence in the trial court, that the pharmacy school appropriations in this case were enacted for any health and welfare purpose, much less to address an alleged shortage of pharmacists," said Tachau.
The lower court judge ruled the expenditure violates a constitutional prohibition against public education money being spent on any "church, sectarian or denominational school." © Copyright 2012, WEKU
