Colorado Supreme Court considers arguments about gift ban

Debate ensues over interpretation of Amendment 41

Katherine Spencer

Passed by Colorado voters in 2006, Amendment 41 has sparked debate about whether children of state employees are eligible to receive scholarships.

The Colorado Supreme Court heard arguments about the controversial Amendment 41 on Oct. 25.

Prior to the passage of Amendment 41, elected officials were not able to accept gifts over the value of $50. According to the 2006 Colorado Blue Book, Amendment 41 expands these restrictions to most state and local government employees. The amendment was originally intended as an ethics measure to prohibit lobbyists from giving gifts to public officials.

If the law is interpreted strictly as it is written, children of state employees are not eligible to receive scholarships over the amount of $50

“It’s not fair for a student not to receive scholarships because their parent works for the government,” said Alexis Cunningham, a freshman applied mathematics major.

The Denver District Court issued a temporary injunction on the gift ban portion of the amendment in May and Attorney General John Suthers appealed the lower court’s ruling in June.

According to the oral arguments presented in court, one of the main issues regarding the amendment is the interpretation of the law.

The attorney for the state said in court that when the amendment is interpreted correctly, college-aged children of public employees are not restricted from receiving scholarships.

The plaintiff, Developmental Pathways, said the purpose of the amendment is too broad and the language of it is troublesome. Pathways said the amendment should be substantially re-written.

It is unclear when the court will reach a decision on the case.

Contact Campus Press Staff Writer Katherine Spencer at [email protected]