Supreme Court agrees to review 'Faith-Based' case.The U.S. Supreme Court has agreed to decide whether taxpayers may bring a legal challenge against the White House's "faith-based" agenda. On Dec. 1, the justices announced that they will hear oral arguments in February over a lower court decision that said three Wisconsin taxpayers had standing to sue the Bush administration for its creation of an Office of Faith-Based and Community Initiatives and other promotion of the faith-based initiative. In 2005, the 7th U.S. Circuit Court of Appeals in Hein v. Freedom From Religion Foundation Hein v. Freedom From Religion Foundation was a United States Supreme Court case which ruled on June 25, 2007 by a 5-4 decision that taxpayers do not have the right to challenge the constitutionality of expenditures by the executive branch of the government. ruled that taxpayers "have standing to challenge an executive-branch program, alleged to promote religion, that is financed by a congressional appropriation The designation by the government or an individual of the use to which a fund of money is to be applied. The selection and setting apart of privately owned land by the government for public use, such as a military reservation or public building. ...." The Bush administration asked the Supreme Court to overrule The refusal by a judge to sustain an objection set forth by an attorney during a trial, such as an objection to a particular question posed to a witness. To make void, annul, supersede, or reject through a subsequent decision or action. the 7th Circuit, arguing that court precedent allows taxpayers to challenge congressional aid to religion, but not executive branch actions that rely on general funds. "This is a relatively narrow question," said Barry W. Lynn Reverend Barry W. Lynn (born 1948 in Bethlehem, Pennsylvania) has been the Executive Director of Americans United for Separation of Church and State since 1992.[1] , executive director of Americans United for Separation of Church and State Americans United for Separation of Church and State (Americans United or AU for short) is a religious freedom advocacy group in the United States which promotes the separation of church and state, a legal doctrine seen by the AU as being enshrined in the Establishment , "but it's quite important. We believe that no tax money should be spent to advance religion. It's essential that the justices uphold up·hold tr.v. up·held , up·hold·ing, up·holds 1. To hold aloft; raise: upheld the banner proudly. 2. To prevent from falling or sinking; support. 3. the principle that taxpayers can go to court when their money is being used to advance religion." Lynn noted that the case is the first church-state controversy to reach the court since two Bush appointees--Chief Justice John Roberts and Associate Justice Samuel Alito--have joined the bench. "Both Roberts and Alito expressed general support for church-state separation during their confirmation hearings," Lynn said. "This case will be a good opportunity for them to put that viewpoint to good use" (For a full analysis of this important case, see the February 2007 issue of Church & State.) |
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