Aurora Public Schools is challenging the new law on the basis that it violates the Colorado Constitution’s prohibition on retrospective legislation.
The constitution specifically forbids lawmakers from passing legislation that is “retrospective in its operation.”
“We don’t show disrespect to the survivors of child sexual assault by recognizing the constitution places limits on what the General Assembly can do,” Stuart Stuller, an attorney for the school district, told the justices during oral argument Tuesday. “The General Assembly can do many things but what it cannot do is take the priorities of 2022 and transport them back in time.”
An attorney for the woman who sued, Robert Friedman, argued that the law is constitutional in part because there is an overriding public interest in allowing victims of child sexual abuse to seek civil remedies. He also argued that the school district doesn’t have the standing to challenge the law based on the retrospective claim because that part of the state constitution wasn’t designed to apply to public entities.
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