American Humanist: Court Gives Executive Branch Free Pass to Violate First Amendment
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FOR IMMEDIATE RELEASE
JUNE 25, 2007
11:56 AM
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CONTACT: American Humanist
Roy Speckhardt (202) 238-9088 or (703)
314-7008 rspeckhardt@americanhumanist.org
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Court Gives Executive Branch Free Pass to Violate First Amendment
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WASHINGTON - JUNE 25 - In a 5-4 decision, the Supreme Court today
passed a ruling that severely curtails the ability of taxpayers to sue when
government violates the separation of church and state.
In Hein v. Freedom From Religion Foundation, the Supreme Court found that
lawsuits against the federal government's executive branch for
unconstitutionally promoting religion can no longer be filed on behalf of
taxpayers. A previous 1968 ruling found that taxpayers could sue when the
Congress spent money on religion, a special exception that had been carved
out in order to address this constitutional issue.
"The Supreme Court's decision allows the Executive Branch to steamroll over
the Establishment Clause and spend our money to promote sectarian causes,"
said Roy Speckhardt, executive director of the American Humanist
Association. "The faith-based initiatives office is a case in point. Our
money is being funneled to religious groups, who use that money to
proselytize. But no longer do taxpayers have a right to challenge such cases
of unconstitutional use of their hard-earned dollars."
In Justice Souter's dissent, he wrote, "When executive agencies spend
identifiable sums of tax money for religious purposes, no less than when
Congress authorizes the same thing, taxpayers suffer injury."
The Freedom From Religion Foundation's original suit was challenging the
constitutionality of the White House Office of Faith-Based and Community
Initiatives. "Bush's religious beliefs drive many of these initiatives,"
explained Speckhardt. Faith-based initiatives funding went to the Healing
Place Church in Baton Rouge, LA, whose mission (according to its website) is
to "assist those who are struggling with addiction [to] become free through
the Power of God." This church was highlighted by President Bush in his 2003
State of the Union address as a model for this government program, even
though they rely "solely on the foundation of the Word of God to break the
bands of addiction."
"The Supreme Court makes the distinction between illegal actions performed
by the Legislative Branch and the Executive Branch," Speckhardt continued.
"But there should be no such distinction. A violation of the First Amendment
should be heard in a court of law, not protected by this new Court which is
placing political and religious ideas over that of their mandate to protect
the Constitution."
Justices Alito, Kennedy, Scalia, Roberts, and Thomas were in the majority,
marking another time the new court has been narrowly divided with all
Catholic Justices in the majority. Scalia and Thomas said they would have
gone further and overturned the 1968 ruling.
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The American Humanist Association is the oldest and largest Humanist
organization in the nation. The AHA is dedicated to ensuring a voice for
those with a positive nontheistic outlook, based on reason and experience,
which embraces all of humanity.
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