June 25, 2019

Colorado Supreme Court: No Injury Sufficient to Establish Taxpayer Standing for “Colorado Day of Prayer” Suit

The Colorado Supreme Court issued its opinion in Hickenlooper, Governor of Colorado v. Freedom from Religion Foundation, Inc. on Monday, November 24, 2014.

Preference Clause of Colorado Constitution—Taxpayer Standing—Individual Standing.

In this case, the Supreme Court determined whether respondents, Freedom from Religion Foundation and four of its Colorado members, have standing to sue Governor John Hickenlooper for issuing annual honorary proclamations recognizing a “Colorado Day of Prayer.” The Court held that the use of public funds to cover the incidental overhead costs associated with issuing the honorary proclamations does not, by itself, constitute an injury sufficient to establish taxpayer standing. Furthermore, the psychic harm endured by respondents as a result of media coverage revealing the existence of the honorary proclamations does not, by itself, constitute an injury sufficient to establish individual standing. Accordingly, the Court reversed the judgment of the court of appeals and remanded the case with instructions to return the case to the trial court for dismissal.

Summary and full case available here, courtesy of The Colorado Lawyer.

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