Freedom from Religion Foundation Challenges Faith-Based Office at Supreme Court

The Supreme Court of the United States has agreed to hear a case involving a challenge by the Freedom from Religion Foundation against the White House Office of Faith-Based and Community Initiatives.  The Freedom from Religion Foundation is an atheistic group whose primary goal is to remove religious references and acknowledgments throughout the country.  The Foundation contends that the White House officials violated the Establishment Clause by organizing national and regional conferences at which the faith-based organizations were brought in to discuss how they can meet the social needs of their community.   For far too long, faith-based institutions and organizations were denied access to funding, despite the fact that they are some of the best social providers throughout our country. 

The Freedom from Religion Foundation actually alleged that the White House violated the law because they singled out faith-based groups as being particularly worthy of federal funding because of their religious orientation, and the belief in God is extolled as distinguishing the claimed effectiveness of faith-based social services.  In essence, the Freedom from Religion Foundation does not want these religious organizations to participate in the faith-based office.  The Foundation went on to allege that the use of federal monies for the faith-based initiative violates the Establishment Clause.  Time and time again, these organizations show their disdain for religiously motivated citizens.  The Solicitor General asked the Supreme Court to hear the challenge and the Court agreed to do so. 

At the American Center for Law and Justice, we will be filing briefs on behalf of the federal government in support of the faith-based initiative.  Our challenge will be direct and straightforward.  We believe, as did late Justice William Brennan, that the Establishment Clause does not license government to treat religion and those who teach or practice it, simply by virtue of their status as such, as subversive of American ideals and therefore subject to unique disabilities.

The faith-based initiative has removed a number of unnecessary hurdles and barriers, enabling those in need to receive help from some of the best caregivers and providers in our country.  The Supreme Court has an historic and important opportunity to remove the final obstacles and allow the full implementation of this program.  In fact, the federal government is correct in pointing out that the Freedom from Religion Foundation shouldnt even have standing to bring its legal claim.  As the Solicitor General says, The view that the federal taxpayers as such should be permitted to bring Establishment Clause challenges to all Executive Branch actions on the grounds that those actions are funded by congressional appropriations has not only never been accepted by a majority of the Supreme Court, but is also bad public policy.  Offended observers should not simply be able to file a suit any time they are offended. 

The Supreme Court has a critically important opportunity to reject the perceived hostility to all things religious in public life advanced by organizations like the Freedom From Religion Foundation, and we will do everything we can to support the interests of the United States in this case.