COLORADO COURT of APPEALS Court of Appeals No. 10CA2559
COLORADO COURT OF APPEALS Court of Appeals No. 10CA2559 City and County of Denver District Court No. 08CV9799 Honorable R. Michael Mullins, Judge Freedom from Religion Foundation, Inc.; Mike Smith; David Habecker; Timothy G. Bailey; and Jeff Baysinger, Plaintiffs-Appellants and Cross-Appellees, v. John Hickenlooper, in his official capacity as Governor of the State of Colorado, Defendant-Appellee and Cross-Appellant. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE BERNARD Loeb and Lichtenstein, JJ., concur Announced May 10, 2012 Boardman, Suhr, Curry & Field, LLP, Richard L. Bolton, Madison, Wisconsin; Inderwish & Bonifazi, P.C., John H. Inderwish, Daniele W. Bonifazi, Centennial, Colorado, for Plaintiffs-Appellants and Cross-Appellees John W. Suthers, Attorney General, Daniel D. Domenico, Solicitor General, Geoffrey N. Blue, Deputy Attorney General, Maurice Knaizer, Deputy Attorney General, Matthew D. Grove, Assistant Attorney General, Denver, Colorado, for Defendant-Appellee and Cross-Appellant Alliance Defense Fund, Kevin Theriot, Joel Oster, Leawood, Kansas; Michael J. Norton, Greenwood Village, Colorado, for Amicus Curiae National Day of Prayer Task Force The First Amendment’s Establishment Clause states that “Congress shall make no law respecting an establishment of religion.” This appeal addresses a narrow question arising under Colorado’s equivalent of the Establishment Clause, which is the Preference Clause of the Religious Freedom section of Colorado’s Constitution. We must determine whether the six annual proclamations of a Colorado Day of Prayer issued by Colorado Governors that are before us in this appeal violate the Preference Clause, which states that “[n]or shall any preference be given by law to any religious denomination or mode of worship.” Colo.
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