Supreme Court limits citizens' ability to question state/religion connections, gives victory to president's religious patronage program

Aug 10,2007 | Faith the Nation: Part 5-4 | by Bill Berkowitz

Supreme Court limits citizens' ability to question state/religion connections, gives victory to president's religious patronage program

On Monday, June 25, the United States Supreme Court ruled that taxpayers have no right to challenge discretionary spending by the executive branch. The 5-4 ruling in the case of [Jay] Hein [Deputy Assistant to the President and the Director of the White House Office of Faith-Based and Community Initiatives] v. Freedom From Religion Foundation "revolved around a 1968 Supreme Court ruling that enabled taxpayers to challenge government programs that promote religion," the Associated Press reported. "That earlier decision involved the Elementary and Secondary Education Act, which financed teaching and instructional materials in religious schools in low-income areas."
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The decision will no doubt encourage the administration to keep pouring money into its faith-based initiative. And while it dealt a blow to the initiative's critics, it will not prevent advocacy organizations from continuing to challenge the faith-based initiative in the courts; a news release by Americans United for Separation of Church and State (Americans United), pointed out that the decision would not "affect most legal challenges to the 'faith-based' initiative."

"The decision is a slap in the face to those of us who are trying to safeguard freedom of conscience and the separation of church and state," Annie Laurie Gaylor, Freedom From Religion Foundation co-president and a plaintiff in the lawsuit, told Media Transparency in an e-mail exchange. "Its one thing to disagree with FFRF on the merits of our lawsuit, but it's quite another to bar the courtroom door. What is the Supreme Court majority afraid of in letting us argue our case?" ...