Cumberlands Lawsuit Argued in Kentucky Supreme Court

by scrosby on September 24, 2009

From Kentucky Public Radio’s Tony McVeigh

A ruling is not expected for several weeks from the Kentucky Supreme Court in a lawsuit challenging the use of state tax dollars to build a pharmacy school on a Baptist college campus.

Attorney Kimberlee Colby, arguing for the University of the Cumberlands in Williamsburg, 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,” said Colby.

That drew this response from Attorney David Tachau, arguing for opponents of the expenditure.

“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.

A lower court judge ruled the expenditure violates a constitutional prohibition against public education money being spent on any “church, sectarian or denominational school.”

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