The Kentucky legislature sought to alleviate a severe pharmacist shortage in one of the state's poorest areas by allocating funds to construct a pharmacy school in that region. The only school in the affected area was the University of the Cumberlands, which is affiliated with the Kentucky Baptist Convention.

Despite the good intentions behind the legislature's initiative, an organization comprised of activists from a completely different region of Kentucky, far removed from the realities of pharmacy shortages and poverty, sued the state, claiming that the appropriation violated the state's constitution because the university is religious.

Unfortunately, the Kentucky trial court ruled against the school, in part because of some technical problems with the way the legislature allocated the funds. On March 31, 2008, the Center for Law & Religious Freedom appealed the trial court's ruling, and on April 10, 2008, moved to transfer the appeal to the Kentucky Supreme Court. On December 18, 2008, the Court granted this motion for transfer.

Appellants University of the Cumberlands and a group of state legislators, including Senator Vernie McGaha, in his official capacity as a member of the Kentucky General Assembly, filed their respective opening briefs on March 16, 2009. Subsequently, Amici American Civil Liberties Union, American Jewish Congress, and Kentucky Education Association filed amicus curiae briefs in support of the appellees.

Litigation Documents

University of Cumberlands Opening Brief - March 16, 2009.

State Legislators Opening Brief - March 16, 2009.

University of the Cumberlands Motion to Transfer - April 10, 2008

Order Granting Plaintiffs' Motion for Summary Judgment - March 6, 2008

University of Cumberlands Memorandum in Support of Motion for Summary Judgment - October 8, 2007