The Church Report - Two Supreme Court Decisions Are Victories for Faith-Based Groups

June 26, 2007
by Jason T. Christy, The Church Report

In a decision issued by the Supreme Court prior to a summer recess, the court ruled in a 5-4 decision that taxpayers cannot challenge a White House initiative that helps religious charities receive federal funds. The case of Hein v. Freedom From Religion Foundation is a victory for President Bushs faith-based imitative, said Jay Sekulow, chief counsel for the American Center for Law and Justice (ACLJ).

According to Sekulow, in the Hein case, taxpayers challenged a federal faith-based program in Wisconsin. The court in Wisconsin dismissed the case ruling the taxpayers had no standing, as there was no federal grant at stake. However, a federal appeals court reinstated the ruling and the government then appealed to the Supreme Court. Sekulow, whose ACLJ filed a friend-of-the-court brief in support of the government, pointed out that no federal taxpayer suits are allowed in any other context aside from Establishment Clause suit challenging federal spending. 

President Bush reacted to the Supreme Court ruling saying, From the first day of my Administration, weve championed the idea that those in need are better served when government draws on the strengths of every willing community partner secular and faith-based, large and small. This ruling is a win for the thousands of community and faith-based non-profits all across the country, and it is a win for the many whose lives have been lifted by caring touch and compassionate hearts of these organizations.

White House spokeswoman, Emily Lawrimore added that the faith-based community can remain focused on strengthening Americas armies of compassion. According to a White House report, in fiscal 2005, seven federal agencies awarded $2.1 billion to religious charities. This was up seven percent from the year before and represented 10.9 percent of grants from the seven federal agencies providing money to faith-based groups. Some of the groups that received grants include: substance abuse treatment, housing for AIDS patients, community re-entry for inmates, housing for homeless veterans and emergency food assistance.

In another significant ruling, the high court also issues its decision on the consolidated cases of the FEC v. Wisconsin Right to Life and McCain v. Wisconsin Right to Life. In the decision, the court loosened restrictions on television advertising leading up to the final months of a general election. The ACLJ also filed an amicus brief in this case asserting that the business of governing continues, when the Congress enacted the Bipartisan Campaign Reform Act of 2002, it acted in derogation of these facts and to the detriment of the right of the people to petition for a redress of grievances through the use of genuine issue advertisements by grassroots lobbying organizations.

In the ruling, Chief Justice John Roberts wrote that discussion of issues cannot be suppressed simply because the issue may also be pertinent in an election. Where the first Amendment is implicated, the tie goes to the speaker, not the censor.

Barbara Lyons, the executive director of Wisconsin Right to Life, said, Today, the U.S. Supreme Court restored the right of citizens and citizen organizations to engage in grassroots lobbying. The court soundly rejected the attempts of Senators McCain and Feingold; this is a tremendous victory for all citizens!

James Bopp, lead counsel for Wisconsin Right to Life added, The Court has now restored to the people the most effective means broadcast ads for efforts to influence incumbent politicians when they pass law to tax and regulate us.

The decision is another setback for Sen. John McCain, who helped author the bill in 2002. McCain has come under strong criticism from conservatives for acting to reduce political money and advertising. In a statement released by his office, McCain said, It is regrettable that a split Supreme Court has carved out a narrow exception by which some corporate and labor expenditure can be used to target a federal candidate in the days and weeks before an election.