Challenge to Bush Initiative Reinstated
The Associated Press
Saturday 14 January 2006
Madison, Wis. - A group can sue the federal government over claims
that President Bush's faith-based initiative is an unconstitutional
endorsement of religion, a federal appeals court ruled.
A three-judge panel of the 7th Circuit Court of Appeals on Friday
reinstated the lawsuit brought by the Freedom From Religion
Foundation. The group claims Bush's program, which helps religious
organizations get government funding to provide social services,
violates the separation of church and state.
"Bush says this is constitutional, but it's never been tried by
the courts. So we're pleased," said Annie Laurie Gaylor, co-president
of the foundation, said Saturday.
Bush sidestepped Congress by issuing executive orders to create
the White House Office of Faith-Based and Community Initiatives and
similar centers in 10 federal agencies during his first term. He said
the goal was to help religious and community groups compete for
federal funding to fight poverty, substance abuse and other social
problems.
The Madison-based foundation filed suit against the administration
in 2004. A federal district judge dismissed the case, ruling that
taxpayers have no standing to challenge funding appropriations made by
the executive branch, only those earmarked for specific purposes by
Congress.
But the appeals panel, based in Chicago, said taxpayers can
challenge executive-branch programs that allegedly promote religion
using taxpayer funds.
George Washington University law professor Ira C. Lupu said the
case is the broadest national challenge to Bush's initiative, but the
group faces an uphill battle proving it is unconstitutional.
Messages left at the White House's faith-based office and the U.S.
Attorney's office in Madison were not immediately returned Saturday.
The government could ask the full appeals court to rehear the case or
appeal the ruling to the U.S. Supreme Court.
http://www.truthout.org/docs_2006/011506C.shtml
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