[Dialogue] Supreme Court to Hear Case Related to Faith-based Initiative

[Harry Wainwright]

Supreme Court to Hear Case Related to Faith-based Initiative

By Adelle M. Banks
Religion News Service 

 

WASHINGTON - The U.S. Supreme Court decided Friday (Dec. 1) to take its
first case related to church-state separation since it gained two new
justices.

 

The high court will consider whether three staffers of the Wisconsin-based
Freedom from Religion Foundation have standing as individual taxpayers to
challenge aspects of the White House Office of Faith-based and Community
Initiatives.

 

The Bush administration appealed the case to the Supreme Court after the
Chicago-based 7th U.S. Circuit Court of Appeals ruled 2-1 that the
plaintiffs did have standing in the case.

 

"We're challenging the creation of the White House and Cabinet-level
faith-based offices and their conferences that they are holding with
taxpayer money," said Annie Laurie Gaylor, co-president of the foundation
and one of the three plaintiffs, in an interview.

 

"If we don't have standing, nobody has standing and Bush doesn't have to
answer anyone."

 

The government, in its petition to the Supreme Court, argued that the
appeals court's decision has "far-reaching implications" that might give
individual citizens "a roving license" to challenge actions of the executive
branch that relate to the First Amendment's Establishment Clause.

 

Groups concerned about church-state separation say this case could help
their cause.

 

"We believe that no tax money should be spent to advance religion,"

said the Rev. Barry W. Lynn, executive director of Americans United for
Separation of Church and State. "It's essential that the justices uphold the
principle that taxpayers can go to court when their money is being used to
advance religion."

 

Lynn and Gaylor both said they were hopeful that Chief Justice John Roberts
and Associate Justice Samuel Alito might show further evidence of general
support they expressed for church-state separation during confirmation
hearings.

 

"We welcome this opportunity to make our case and hope that they will uphold
the separation of church and state," Gaylor said.

 

Arguments are expected to be heard by next spring. If the high court sided
with the foundation, the case would return to a lower court for arguments
and a decision about its merits.

 

Copyright C 2006 Beliefnet, Inc.

 

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