The Supreme Court hears arguments today in a case that could have a broad impact on whether the courthouse door remains open to ordinary Americans who believe that the government is undermining the separation of church and state.
The question before the court is whether a group seeking to preserve the separation of church and state can mount a First Amendment challenge to the Bush administration’s “faith based” initiatives. The arguments turn on a technical question of whether taxpayers have standing, or the right to initiate this kind of suit, but the real-world implications are serious. If the court rules that the group does not have standing, it will be much harder to stop government from giving unconstitutional aid to religion.
Soon after taking office, President Bush established the White House Office of Faith-Based and Community Initiatives, and faith-based offices in departments like Justice and Education. They were intended to increase the federal grant money going to religious organizations, and they seem to have been highly effective. The plaintiffs cited figures showing that from 2003 to 2005, the number of federal grants to religious groups increased 38 percent. The Freedom From Religion Foundation and several of its members sued. They say that because the faith-based initiatives favor religious applicants for grants over secular applicants, they violate the Establishment Clause of the First Amendment, which prohibits government support for religion.
These are profound issues, but because the administration challenged the right of the foundation and its members to sue, the courts must decide whether the plaintiffs have the right to sue in this case before they can consider the constitutionality of the faith-based programs. An appeals court has ruled, correctly, that the plaintiffs have standing.
more:
http://www.nytimes.com/2007/02/28/opinion/28wed1.html
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