Grants for Doing Good

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COURT REPORTER

Grants for Doing Good [By James Kilpatrick] George W. Bush took the presidential oath on that January day in 2001, came home from the Hill, and promptly issued Executive Order No. 13,199. Thus he created, overnight, the White House Office of Faith-Based and Community Initiatives.

Created the what? I’m not making this up.

foundation and members Anne, Annie and Dan

earmarked money for the program or activity

Among the president’s first official acts was to

brought their suit against the White House

that is challenged.”

set up a program “to expand the work of faith-

and a dozen Cabinet members in U.S. District

based and other community organizations

Court. They lost there, but won on appeal

The legal requirements for “standing” in

...” Two federal judges put the program on

to the 7th Circuit. There, Judge Richard

cases such as this one range from faint

hold last January, but now it’s in the Supreme

Posner, writing for a divided panel, termed

to fuzzy to firm. The District Court cited

Court on the government’s petition for review.

the foundation’s complaint “wordy, vague,

one faith-based grant three years ago that

If the court takes the case, a major ruling in

and in places frivolous.” However, he thought

may have been over the line. It went to

the law of church and state could be expected

that in portraying the White House-sponsored

MentorKids USA to conduct programs for

next year.

conferences as “propaganda vehicles for

the children of state prisoners in Phoenix,

religion,” the plaintiffs may have raised a fair

Ariz. The programs, intended “to introduce

question for trial.

children to the gospel of Jesus Christ,” had

The First Amendment says, among other things, “Congress shall make no law

to be conducted “only by Christians.” After

respecting an establishment of religion,” but

The questions offered to the high court in

objections were raised to their sectarian

“no law” hasn’t meant literally “no law” since

the government’s appeal are dull on the

flavor, the grant was suspended.

the first Congress provided chaplains for the

surface and duller down below — but they’re

Army. This particular program of grants-in-

important. What is the foundation’s “standing”

Few areas of constitutional law are fuzzier

aid works in large part through conferences,

to pursue the case? Has it suffered any

than the law on establishments of religion.

seminars and training sessions. It does not

significant damage? What are the limits on

Over the past 50 or 60 years, since the First

provide grants directly to religious entities,

presidential spending by executive order?

Amendment mysteriously was extended to the

but it does provide grants intended to educate

states, the country has witnessed a muddy

local groups in how to file for grants. It has

In cases of this nature, “standing” is

stream of high court opinions attempting to

been expanded repeatedly.

everything. The foundation, which pays no

educate us in its meaning. Thus a municipality

federal taxes, has no standing to sue as a

may sponsor a Christmas display that

Now the program is under challenge from the

taxpayer. Here it sues through taxpayers

contains not more than one Santa Claus, two

Freedom From Religion Foundation. Created

Anne, Annie and Dan. Their pain and suffering

clowns, one virgin, one baby, two angels and

in 1978, the foundation today numbers

stem from this assumption, that somewhere

a stuffed camel. Or some such. Constitutions

7,500 free-thinkers, atheists and agnostics,

some subsidized members of a ladies’

are hard to construe. This case isn’t likely to

scattered over every state and several foreign

sodality are being taught to run a soup line.

make the task one bit easier.

countries. Its home office is, naturally, in

Is this the sort of awful injury the high court

Madison, Wis. Its principal purpose is to

should enjoin? What concrete injury have the

pursue lawsuits aimed at keeping church and

plaintiffs suffered?

state apart. Currently the foundation is giving

(Letters to Mr. Kilpatrick should be sent by e-mail to kilpatjj@aol.com.) COPYRIGHT 2005 UNIVERSAL PRESS

the Bush administration a hard time, not

Judge Posner, usually a very loquacious

only for its faith-based initiatives but also for

fellow, was having a bad hair day when he

maintaining chaplains in veterans hospitals

wrote this opinion in the 7th Circuit eight

This feature may not be reproduced or

and for promoting a women’s Sunday school

months ago. He defined the question clumsily

distributed electronically, in print or otherwise

in a New Mexico prison.

as “whether a taxpayer can ever have standing

without the written permission of uclick and

under Article III of the Constitution to litigate

Universal Press Syndicate.

Regrettably, but understandably, this

an alleged violation of the First Amendment’s

important case is gummy going. The

establishment clause unless Congress has

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