Rocky Mountain Voice

Tag: First amendment

Judge Barrett denies Tina Peters bond, calls future appeals “frivolous”
Rocky Mountain Voice, State, Top Stories

Judge Barrett denies Tina Peters bond, calls future appeals “frivolous”

By Jen Schumann | Rocky Mountain Voice Tina Peters will not be released from custody. Judge Matthew Barrett denied her renewed motion for bond pending appeal Tuesday morning—two days after refusing to step aside from her case. The nine-page order keeps Peters in prison while her legal team prepares to take the bond question to the Colorado Court of Appeals, the same panel that threw out her sentence earlier this month. Barrett did not hold a hearing. He found he could not conclude Peters is unlikely to flee, called her future appeals "frivolous" and said they would be pursued "for the purpose of delay." "Finality is critical to the resolution of the judicial process," Barrett wrote, "and it would be contrary to the law to ignore the reality that Defendant would use all mean...
The golden rule of government: Who controls the funding shapes Colorado education policy
Christian Home Educators of Colorado, Approved, Commentary, State

The golden rule of government: Who controls the funding shapes Colorado education policy

By Colleen Enos | Commentary, Christian Home Educators of Colorado We have all heard the Golden Rule, based on Matthew 7:12, which commands that we treat others the way we would like to be treated. But have you heard of the Golden Rule of Money? This rule says that “He who has the gold makes the rules.” It is a truth based on ownership of resources, which we should be very familiar with here in Colorado. The part-time homeschool enrichment public funding conversations happening under the golden dome in Denver are an incredibly clear example of this golden rule. The Joint Budget Committee (JBC) has asked for a bill* to be drafted that addresses Boards of Cooperative Educational Services (BOCES) operating programs outside their member districts, defines “instructional time,” and clarif...
Colorado Case Tests Limits Of Religious Freedom In Publicly Funded Programs
Complete Colorado, Approved, Commentary, State

Colorado Case Tests Limits Of Religious Freedom In Publicly Funded Programs

By Ari Armstrong | Commentary, Complete Colorado The Supreme Court has agreed to hear the case of a Colorado Catholic preschool that wishes to get state funding but not follow all antidiscrimination laws pertaining to gay and transgender students and possibly staff. I suspect that constitutional law professor Josh Blackman is right to predict the Court’s view, “This will likely be yet another repudiation of Colorado’s hostility to religious liberty.” Yet I wish Blackman and other conservatives would more fully think through the implications of the case for freedom of conscience. Remember who’s paying the bill The basic argument for not excluding the Catholic preschool is that excluding it infringes the school’s religious liberty. Religious prescho...
Judge Barrett refuses to step aside in Peters case, defends sentencing math
Rocky Mountain Voice, State, Top Stories

Judge Barrett refuses to step aside in Peters case, defends sentencing math

By Jen Schumann | Rocky Mountain Voice Judge Matthew Barrett denied Tina Peters' motion to disqualify him on Monday afternoon. In a 16-page order, he accepted every factual claim in the defense affidavits as true, then concluded none of them meet the legal standard for recusal. In a footnote on page 15, he answered the math the defense had used to challenge his letter to the governor. Barrett's order, filed at 3:37 p.m., clears the procedural condition he had cited as the reason he could not rule on Peters' renewed motion for bond pending appeal.  The bond question now sits on his desk under the 48-hour window Colorado Appellate Rule 9(b) sets for ruling on bond pending appeal. The defense's reply on that motion, filed late Sunday night, set up the dispute that follows—a fa...
Colorado Student Granted Religious Exemption From School’s Digital Monitoring System
Westword, Approved, Local

Colorado Student Granted Religious Exemption From School’s Digital Monitoring System

By Hannah Metzger | Westword "The district is deeply committed to honoring parental rights." Hail Satan? A young member of the Satanic Temple was granted a religious accommodation from the Elizabeth School District, arguing that the district’s digital hall pass system conflicts with her beliefs. The parents of the Elizabeth High School student had requested that she be exempted from the system, but their request was initially denied, according to TST. That’s when the Temple’s lawyers stepped in. “This was a cut-and-dry case of a TST member’s bodily autonomy being violated by invasive digital controls,” says Eliphaz Costus, campaign director of the Temple’s Protect Children Project. Using the digital hall pass system to monitor and restric...
Peters’ defense says Barrett used facts that were never in evidence
Rocky Mountain Voice, State, Top Stories

Peters’ defense says Barrett used facts that were never in evidence

By Jen Schumann | Rocky Mountain Voice The state said Judge Matthew Barrett's sentencing remarks about Tina Peters were harsh words from the bench, not evidence of bias. Peters' legal team answered with a different question: how did the judge know she appeared on podcasts? Where did he get the words "snake oil" and "junk"? The state's response did not touch that argument. The judge being asked to step aside will decide it. Three filings hit the Mesa County docket between late Thursday and Friday morning. District Attorney Dan Rubinstein's office opposed Peters' motion to disqualify Barrett. Her attorneys replied by introducing a theory the state never touched—that Barrett's sentencing comments relied on an "extrajudicial source," meaning information the judge obtained from out...
Supreme Court To Weigh Religious Freedom In Colorado Preschool Funding Case
CNN, Approved, State

Supreme Court To Weigh Religious Freedom In Colorado Preschool Funding Case

By John Fritze | CNN The Supreme Court agreed Monday to review a Colorado law that requires preschools receiving taxpayer money to enroll children of same-sex couples — setting up an important First Amendment showdown at the high court that pits religious rights against LGBTQ families. At the same time, the court declined to hear another high-profile case involving a Massachusetts couple who said their school began treating their middle school child as genderqueer against their wishes. After years of allowing religious schools in some settings to receive state funding alongside secular schools, the 6-3 conservative court will now decide what to do when school leaders assert that anti-discrimination laws intended to protect gay and transgender people conflict with their...
Before Peters is resentenced, Barrett must decide whether he keeps the case
Rocky Mountain Voice, State, Top Stories

Before Peters is resentenced, Barrett must decide whether he keeps the case

By Jen Schumann | Rocky Mountain Voice A Mesa County judge has ordered the state’s attorneys to respond to a motion seeking his removal from the Tina Peters case, setting up a legal fight that will determine who presides over her resentencing—and who decides whether she remains in prison while that process unfolds. In an April 22 order, District Court Judge Matthew Barrett directed the state to file a response “as soon as practicable,” with a deadline of April 27. The order does not resolve the issue. It moves it forward. Now the court must decide whether Barrett can remain on the case—and nothing else in district court moves until that question is answered. 2026-0422 ACTION TAKEN_VERIFIED MOTION TO DISQUALIFY JUDGE MATTHEW BARRETT - People Respond by 4-27Download ...
Supreme Court Takes Up Colorado Preschool Case Testing Religious Freedom
The Denver Gazette, Approved, State

Supreme Court Takes Up Colorado Preschool Case Testing Religious Freedom

By Lindsay Whitehurst | The Denver Gazette WASHINGTON (AP) — The Supreme Court will hear from Catholic preschools that say Colorado violated their religious rights by excluding them from a state-funded “universal” pre-kindergarten program over their admission policies. The court agreed on Monday to take up the appeal from St. Mary Catholic Parish in its challenge against a state program. That challenge is supported by the Trump administration. Joined by the Archdiocese of Denver, two Catholic institutions, St. Mary Catholic Parish in Littleton and St. Bernadette Catholic Parish in Lakewood, filed a lawsuit against the state of Colorado, alleging their preschools cannot participate in the publicly funded program because the church’s religious views on sexual o...
Colorado Board Rejects Broad Right To Know Ballot Proposal Over Scope Concerns
Colorado Freedom of Information, Approved, State

Colorado Board Rejects Broad Right To Know Ballot Proposal Over Scope Concerns

By Jeffrey A. Roberts | Colorado Freedom of Information Coalition A state board on Wednesday declined to set the title for a proposed fall ballot initiative that would enshrine in the Colorado Constitution “a fundamental right to know the affairs of all levels of state and local government.” Title Board Chair Theresa Conley said Initiative #286, proposed by Jon Caldara of the Independence Institute and Beth Hendrix of the League of Women Voters of Colorado, is too broad and therefore doesn’t meet the statutory and constitutional requirement that initiative titles concern a single subject. Signature gathering for a ballot petition cannot begin unless a ballot title and a petition form are approved. “Voters don’t know what they’re voting yes or no on,” Conley...