A State of Colorado program which provides scholarships to students attending private and public colleges in the state, in lieu of institutional support to public colleges and universities, has been held unconstitutional by the 10th Circuit Court of Appeals, because pervasively religious institutions, such as Colorado Christian University and Naropa University, are excluded from the program.
The Colorado program was devised to cause public universities tuition to be excluded from revenues subject to anti-tax provisions of the state constitution whose growth is limited. When an institution has less than 10% state support, its revenues don't count towards the cap.