The U.S. Supreme Court will hear a lawsuit brought by the Madison-based Freedom from Religion Foundation challenging the Bush administration's Faith Based Initiatives program.
This is the first case brought by the FRF the U.S. Supreme Court will hear.
The Bush administration created the Faith Based Initiatives program through executive order, after Congress denied appropriated funds. The primary goal is to allow grants to religious groups who provide social services to the community.
Co-presidents of the FRF, Dan Barker and Annie Laurie Gaylor brought suit in 2004 against the faith-based department at the White House claiming violation of the establishment clause of the First Amendment.
""The government has been lax in monitoring this program, there's been no accountability,"" Barker said. ""Public money should have public accountability.""
UW-Madison Roman Catholic Foundation spokesperson Tim Kruse, recognized the potential problems with the program but said he believes the program does a tremendous amount for the social welfare of communities.
""The program's primary effect and this is a key, is not the advancement of religion ... The primary effect is helping the needy,"" he said.
This suit does not determine the constitutionality of the merits of the program, Barker said. It only decides whether or not citizens have the right to bring suit against the executive branch in regard to funds allocated to religious organizations.
UW-Madison political science professor Donald Downs said that if granted standing, the foundation could then bring suit regarding the constitutionality of the program.
""Normally speaking, if you're just a normal tax payer you don't have standing to contest government action, but religion has been the one exception going back to 1968,"" Downs said.
Barker explained that over the years, the FRF has focused much of its attention on filing individual lawsuits across the nation against specifically allocated programs. After the group began to consistently win state cases, they decided to strike at the root of the problem and brought a federal case against the executive branch.
""These private religious organizations are using religion to do charity,"" Barker said. ""They are using charity to do religion, and we have proved this over and over again.""
The judge dismissed the initial 2004 suit because Barker and Gaylor did not have standing over executive office appropriations. After appealing to the circuit court the group won on the grounds that private taxpayers do have the right to bring suit against the executive appropriations.
""We were hoping the Supreme Court wouldn't take the case because we have a victory right now,"" Barker said. ""The fact that the Supreme Court took the case makes us vulnerable to having it overturned again, but that's the risk you run.""
