ACLJ Calls on Senate to Remove Discriminatory Provision From Stimulus Package that Targets Religious Activity at Colleges & Universities

February 3, 2009

(Washington, DC) The American Center for Law and Justice (ACLJ), focusing on constitutional law, today called on the U.S. Senate to remove a discriminatory provision in the economic stimulus package that unfairly targets religious activity at universities and colleges that receive federal stimulus funds.  The ACLJ discovered a little-known provision in the stimulus package that prohibits higher education facilities that accept federal stimulus funds from permitting religious groups and organizations from using those facilities.

This is an unacceptable provision that clearly discriminates against religious organizations that have a legal right to use these facilities, said Jay Sekulow, Chief Counsel of the ACLJ.  Whats disturbing is an Administration and Congress that moved swiftly to provide federal funds for a host of disturbing initiatives including the promotion of abortion.  And, now, theres a move to keep religious organizations from utilizing facilities at colleges and universities that take federal stimulus funds.  If this discriminatory provision is not removed from the package and is approved and signed into law, well file a lawsuit in federal court challenging this provision.

The ACLJ became aware that the stimulus package includes a measure that clearly spells out that grants awarded under Section 803 shall be for the purpose of modernizing, renovating, and repairing institution of higher education facilities that are primarily used for instruction and research . . .

That provision also includes this disturbing prohibition:

PROHIBITED USES OF FUNDS. - No funds awarded under this section may be used for - (C) modernization, renovation, or repair of facilities - (i) used for sectarian instruction, religious worship, or a school or department of divinity; or (ii) in which a substantial portion of the functions of the facilities are subsumed in a religious mission.

Under this provision, student groups would be barred from using facilities for worship or even Bible study if the school accepts the federal stimulus funds.

There is a priority problem in Washington, said Sekulow.  Were seeing a troubling pattern develop regarding the use of federal taxpayer dollars.  This provision regarding the use of college and university facilities is just the latest example.  This is not what economic stimulus is about.  We know that the American people dont want their tax dollars used for discriminatory measures.  Thats why this provision must be removed now. 

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.