An update from the Roundtable on Religion and Social Welfare Policy, an independent research project
of the Rockefeller Institute of Government. The public policy research arm of the State University of New York.

New! Post-Hein Ruling Stresses Limits on Taxpayer Lawsuits

Last week, the Roundtable reported on a federal court ruling that found North Dakota taxpayers had no
right to sue over the state's funding of a Christian home for troubled teens. This week, the Roundtable's
legal experts, George Washington University Law Professors Ira C. Lupu and Robert W. Tuttle, provide
an in-depth analysis of the court's decision in FFRF v. Olson, finding that it reflects a significant trend
toward limiting the right of taxpayers to challenge public funding of faith-based organizations. One important
lesson from the ruling, they say, is that taxpayer plaintiffs must focus their legal challenges on legislative
responsibility for government spending, and not only on the expenditures of administrative agencies within
the executive branch. That's a distinction that has arisen since the U.S. Supreme Court decision in Hein v.
FFRF a year ago. "Hein has altered the center of gravity of Establishment Clause litigation," Lupu and Tuttle
write, referring to the provision of the First Amendment that prohibits the government from establishing religion.
"The energies of litigants and judges have been pulled away from the substantive content of the Establishment
Clause and toward the threshold question of who may call upon the courts to develop and apply that content."
The analysis also examines the court's ruling over the plaintiffs' rights as municipal taxpayers - legally separate
from their status as federal and state taxpayers - which may prove to be controversial, according to Lupu and Tuttle.

Click here to read the analysis by the Roundtable's legal experts, Ira C. Lupu and Robert W. Tuttle.

Click here to read a previous Roundtable article on the district court ruling.

Click here for a Roundtable Resource Page on Hein v. FFRF.

New! An Interview with John Ford, Plaintiff in Dismissed Lawsuit Targeting
Christian Teen Home

John Ford was among the group of taxpayers - and members of the church-state watchdog group Freedom
From Religion Foundation (FFRF) - who brought the lawsuit discussed above against North Dakota officials,
charging them with constitutional violations in funding a Christian home for troubled teens. As previously noted,
a federal judge dismissed the case this month, deciding that Ford and his fellow plaintiffs lacked the right to
bring the lawsuit. In this interview, Ford - who in addition to being a taxpayer is also the parent of a graduate
of the home in question - discusses his interest in attempting to bring the case that the court refused to consider. 

The case alleged that North Dakota state and county officials violated constitutional protections barring
government endorsement of religion when they placed teens at one of three homes operated by the Dakota
Boys and Girls Ranch, a Lutheran agency. According to the lawsuit, the home prohibited non-Christian religious
expression on campus, and disciplined teens who refused to participate in the spiritual aspects of the homes'
programming. Ford said his adopted daughter was the victim of just such discipline after the state placed her at
Dakota Boys and Girls Ranch without his or his wife's consent.

Click here to read the interview.

New! "Pervasively Sectarian" School Must be Included in State
Scholarship Program

In another important legal case involving funding to religious institutions, the 10^th Circuit Court of Appeals in
Denver ruled July 23 that the state of Colorado may not exclude an evangelical Christian university from a
scholarship program because the school is "pervasively sectarian." The ruling reverses a lower court order
on a Colorado scholarship program available to students at all accredited universities in the state - including
both religious and secular institutions - except for those that are "pervasively sectarian." To determine whether
an institution met the definition of "pervasively sectarian," state officials had to consider such criteria as whether
the school's faculty and students were of a single religion, whether required courses in religion or theology are
aimed at indoctrination, and whether the school's funding comes primarily from sources interested in advocating
a particular religion. The appeals court found that the exclusion of such "pervasively sectarian" schools from the
scholarship program violated the U.S. Constitution for two reasons: "the program expressly discriminates among
religions without constitutional justification, and its criteria for doing so involve unconstitutionally intrusive scrutiny
of religious belief and practice."

The decision is important in interpreting the scope of the 2004 ruling in Locke v. Davey, in which the U.S.
Supreme Court upheld the state of Washington's right to exclude theology students from a state-financed
scholarship program. That decision "does not extend to the wholesale exclusion of religious institutions and
their students from otherwise neutral and generally available government support," the 10^th Circuit ruled.

Click here to access the court's decision in Colorado Christian University v. Weaver.

New! Lawmakers Approve Bills on Housing and AIDS Prevention

Congress has passed two bills that President George W. Bush is expected to sign, addressing the needs of
people in this country and abroad. One bill triples government funding for HIV/AIDS, tuberculosis and malaria
relief, while the second bill is aimed at easing some of the economic distress caused by the current housing crisis.

The Tom Lantos and Henry Hyde Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act allocates about $50 billion over five years for the President's Emergency Plan for
AIDS Relief (PEPFAR) and American Indian water, health and law enforcement programs. The bill
overturns a controversial requirement, set to sunset with the current law at the end of September, that
one-third of the prevention portion of PEPFAR funds be spent on sexual abstinence-only education programs,
which were frequently provided by religious organizations. Instead, receiving countries must report to Congress
if they do not spend half of the prevention money on such programs.

The $300 billion Housing and Economic Recovery Act of 2008 regulates the nation's federally guaranteed
mortgage lenders, Fannie Mae and Freddie Mac, allows some American homeowners to renegotiate their
mortgages, gives tax breaks for first-time home buyers, provides grants to help local communities fix up
foreclosed properties, and provides money for pre-foreclosure counseling and legal services for borrowers. 

Click here for a recent Roundtable story on the housing bill.

Click here for a previous Roundtable story on PEPFAR funding.

Weekly Digest of Federal Grants with Faith-Based and Community
Organization Eligibility

The grant opportunities this week for community and faith-based organizations are through programs
administered by the U.S. Department of Health and Human Services, the Corporation for National and
Community Service, and the United States Agency for International Development.

Potential applicants should be aware that some grant programs require specific technical expertise, or
experience in particular foreign countries.

Click here for the grants digest.

Roundtable Digest of Current Faith-Based News Stories

Bishop Presents Groups with Checks;
House of Mercy, Black History Museum Benefit from Breakfast Proceeds
Columbus Ledger-Enquirer (Georgia)

http://www.religionandsocialpolicy.org/news/article.cfm?id=8617

Success: After Teen Addiction, Woman Is On Path to Sobriety
The Oklahoman (Oklahoma City, OK)

http://www.religionandsocialpolicy.org/news/article.cfm?id=8618

Baptist Healing Trust Frees Up Millions for Nonprofits
Nashville Business Journal (Tennessee)

http://www.religionandsocialpolicy.org/news/article.cfm?id=8613

Protesters Continue Fight at Church Over Immigrant
Ventura County Star (California)

http://www.religionandsocialpolicy.org/news/article.cfm?id=8614

Collier Rehab, Education Center Remains On Track For Development
Naples Daily News (Florida)

http://www.religionandsocialpolicy.org/news/article.cfm?id=8615

Tapping Faith To Teach Health; In Charles County,
Where Men Are Dying From Prostate Cancer At Startling Rates, A Campaign Aims To Educate Those At Risk
The Washington Post

http://www.religionandsocialpolicy.org/news/article.cfm?id=8619

NDR Sets About To Return Flood Favor; Plans Weeks Of Work In Iowa to Assist Flood Victims
Times-Picayune (New Orleans)

http://www.religionandsocialpolicy.org/news/article.cfm?id=8620

Sanctuary Church Movement Could Come To Tucson
The Associated Press

http://www.religionandsocialpolicy.org/news/article.cfm?id=8621

Faith-Based Day Cares Face Pre-K Challenges
The Charleston Gazette

http://www.religionandsocialpolicy.org/news/article.cfm?id=8616

Faith Institutions to Step in When Disaster Strikes
Chicago Defender Online

http://www.religionandsocialpolicy.org/news/article.cfm?id=8592

Group Supports State Trust Fund to House Poor
The Decatur Daily (Alabama)

http://www.religionandsocialpolicy.org/news/article.cfm?id=8594

Court Undoes Christian Scholarship Curb
The Denver Post

http://www.religionandsocialpolicy.org/news/article.cfm?id=8596

Another Courtroom Victory For Religious Colleges
Associated Press

http://www.religionandsocialpolicy.org/news/article.cfm?id=8597

Faith Groups Back Plan To Help The Homeless
The Virginian-Pilot (Norfolk, VA.)

http://www.religionandsocialpolicy.org/news/article.cfm?id=8595

Churches Receive Funds; Mentoring Programs for At-Risk Youth
The Post and Courier

http://www.religionandsocialpolicy.org/news/article.cfm?id=8593

Weekly Opinion Roundup - 7/29/2008
The Roundtable on Religion and Social Welfare Policy

http://www.religionandsocialpolicy.org/news/news_opinion_7_29_08.cfm