Taxpayers Barred From Challenging Faith-Based Plan

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The New York Sun

WASHINGTON — The Supreme Court ruled yesterday that ordinary taxpayers cannot challenge a White House initiative that helps religious charities get a share of federal money.

The 5–4 decision blocks a lawsuit by a group of atheists and agnostics against eight Bush administration officials including the head of the White House Office of Faith-Based and Community Initiatives.

The taxpayers’ group, the Freedom From Religion Foundation Inc., objected to government conferences in which administration officials encourage religious charities to apply for federal grants.

Taxpayers in the case “set out a parade of horribles that they claim could occur” unless the court stopped the Bush administration initiative, Justice Alito wrote. “Of course, none of these things has happened.”

“In the unlikely event that any of these executive actions did take place, Congress could quickly step in,” Justice Alito added.

The justices’ decision revolved around a 1968 Supreme Court ruling that enabled taxpayers to challenge government programs that promote religion.

The 1968 decision involved the Elementary and Secondary Education Act, which financed teaching and instructional materials in religious schools in low-income areas.

“This case falls outside” the narrow exception allowing such cases to proceed, Justice Alito wrote.

In dissent, Justice Souter said the court should have allowed the taxpayer challenge to proceed.

The majority “closes the door on these taxpayers because the executive branch, and not the legislative branch, caused their injury,” Justice Souter wrote. “I see no basis for this distinction.”

With the White House Office of Faith-Based and Community Initiatives, President Bush says he wants to level the playing field. Religious charities and secular charities should compete for government money on an equal footing.

White House spokeswoman Emily Lawrimore called the ruling “a substantial victory for efforts by Americans to more effectively aid our neighbors in need of help.”

She said the faith-based and community initiative can remain focused on “strengthening America’s armies of compassion.”

The ruling won’t block other legal action against the White House initiative, opponents said.

“Most church-state lawsuits, including those that challenge congressional appropriations for faith-based programs, will not be affected,” said the Reverend Barry Lynn, executive director of Americans United for Separation of Church and State.

The outcome of the case before the Supreme Court was disappointing, Rev. Lynn said, because “taxpayers should be allowed to challenge public funding of religion, whether the money is allocated by Congress or the White House.”

Rev. Lynn called Justice Alito’s statement that Congress could step in “quite incredible because the damage is done when the president acts. There is no way Congress could anticipate action by the president that would violate the First Amendment. We have the courts to do precisely this, rein in the president or the Congress.”

Jim Tooey, formerly head of the White House office, said the ruling is “good news for addicts and the homeless and others seeking effective social services.”

“It’s also a repudiation of the kind of secular extremism that ruled the public square for decades,” said Mr. Tooey, now president of Saint Vincent College in Latrobe, Pa.

“It’s a bad day for the First Amendment. The Supreme Court just put a big dent in the wall of separation between church and state,” said Ralph Neas, president of People for the American Way Foundation, a liberal-oriented group.


The New York Sun

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