A federal appeals court has reinstated a lawsuit that challenges activities of the centers for faith-based initiatives in the Department of Education and other U.S. agencies.
The centers are a key part of the Bush administration鈥檚 push to promote the inclusion of religious organizations in government social-services programs. President Bush used executive orders to introduce the central elements of that effort after Congress balked at his initiative in 2001.
On Jan. 13, a three-judge panel of the U.S. Court of Appeals for the 7th Circuit, in Chicago, ruled 2-1 that the Freedom From Religion Foundation has standing to challenge activities of the White House Office of Faith-based and Community Initiatives and the centers in various departments.
The Madison, Wis.-based foundation, representing its members as taxpayers, cited a series of government-funded conferences aimed at helping representatives of religious and community organizations apply for government grants. The suit contends that the conferences promote religious organizations over secular groups.
A federal district judge in Madison ruled that the taxpayers lacked standing to sue over the conferences because they couldn鈥檛 identify a specific government spending decision that had harmed them.
But the 7th Circuit panel ruled that taxpayers may sue over a violation of the First Amendment鈥檚 prohibition on a government establishment of religion, even if Congress hasn鈥檛 specifically allocated money for the challenged program or activity.
鈥淭axpayers have standing to challenge an executive-branch program, alleged to promote religion, that is financed by a congressional appropriation, even if the program was created entirely within the executive branch, as by presidential executive order,鈥� U.S. Circuit Judge Richard A. Posner wrote in the opinion.
The court sent the case back to the U.S. District Court in Madison for the trial judge to consider the merits of the foundation鈥檚 claims.
The federal government was reviewing the decision, a spokesman for the Department of Justice said last week.
鈥楴ot Entirely Frivolous鈥�
Despite reinstating the lawsuit, Judge Posner expressed skepticism about the group鈥檚 鈥渨ordy, vague, and in places frivolous鈥� complaint, which alleged that President Bush had violated the establishment clause by extolling the power of faith-based groups to aid in social services. Judge Posner noted that the district judge had rejected the suit鈥檚 challenge of a remark by then-Secretary of Education Rod Paige about 鈥渢he power of faith to change lives.鈥� That part of the ruling was not appealed.
But Judge Posner wrote in the opinion, 鈥渢he complaint is not entirely frivolous, for it portrays the conferences organized by the various [faith-based] centers as propaganda vehicles for religion, and should this be proved one could not dismiss the possibility that the defendants are violating the establishment clause.鈥�
Annie Laurie Gaylor, the Freedom From Religion Foundation鈥檚 co-founder, said in an interview that the ruling was a victory not just for her organization, 鈥渂ut for citizens for the right to contest unconstitutional actions by the executive branch.鈥�
Ms. Gaylor said the group would now continue its legal campaign to 鈥渆radicate鈥� the Bush administration鈥檚 faith-based initiative.
鈥淭he government is not a national endowment for churches and faith-based organizations 鈥� that are proselytizing with tax dollars,鈥� she said.
