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P.O. Box 750, MADISON, WI 53701
Contact: Annie Laurie Gaylor
Phone: (608) 256-5800
Email: [EMAIL PROTECTED]
FFRF Wins First Court Victory in Nation against Faith-Based Funding
Federal Court Halts Public Funding of Faith Works
January 9, 2002
The Freedom From Religion Foundation's legal challenge of direct,
unrestricted taxpayer funding of a faith-based social service agency
has resulted in the first court decision in the nation against public
funding of faith-based initiatives.
In a decision announced this week, U.S. District Judge Barbara Crabb,
for the Western District of Wisconsin, found that a public "grant to
Faith Works constitutes unrestricted, direct funding of an
organization that engages in religious indoctrination" and that the
"funding stream violates the establishment clause."
"The case is nationally significant as the first challenge of funding
under faith-based initiatives to be adjudicated, and the first such
challenge to be won," noted Foundation president Anne Gaylor.
"It is not the business of 'We the People' to be proselytizing and recruiting members
for churches. When you read Faith Works' statement of purpose, you can see that it's
all about religion. The program is drenched with r
eligion," she added. "For a private program to operate that way is fine. Go right
ahead, but don't expect public taxpayers to proselytize for you."
Faith Works received national exposure when George W. Bush as a candidate made a
campaign stop on July 18, 2000, at the convent rented by Faith Works, singling the
religious ministry out as the type of program he intended
to promote as president. Faith Works runs a longterm residential treatment program
for male addicts.
In a 68-page decision, Crabb granted summary judgment to the Foundation, halting
funding to the faith-based agency through the Wisconsin Department of Workforce
Development. Two-thirds of Faith Works revenues come from pu
blic funding, with $600,000 awarded from the governor's discretionary funds through
the federal Temporary Assistance to Needy Families block grant.
In grant proposals, Faith Works claimed its success was based on its faith- based
approach as well as its longterm program. Then-Gov. Tommy Thompson made the
unrestricted awards to the start-up Milwaukee group in 1998 and
1999. Faith Works did not open its doors until December 1999, had no track record in
Wisconsin, and "could not have begun operations without prior public commitments of
money," noted Crabb in her decision.
Faith Works requires men enrolled in its program to attend onsite "faith- enhanced"
Alcoholics Anonymous counseling. Chapel and bible studies are part of the routine
schedule. One of its goals is to find a spiritual mento
r for each man and church affiliation and membership. Cited goals are: recovery,
employment, family services, and "spiritual enrichment."
The Faith Works Standards of Practice states: "We are as individuals to be growing in
our own faith life by regular church attendance, prayer, Bible study and seeking
Spiritual direction from a Pastor/Shepard [sic] in our
faith community."
Staff meetings begin with prayer. Faith Works staff are expected to attend church and
"develop a personal relationship with God." In guidelines to staff, Faith Works
describes itself as "a Christian faith-based treatment
program, . . . serving the Lord in evangelistic outreach" and instructs staff to
"respect the Holy spirit's ability to work in each person's life whether staff or
resident."
Faith Works' employee handbook contains a "Statement of Faith" in the Christian
principles guiding the organization: "AA . . .stops short of recommending Christ to
all. However, at Faith Works we do."
Crabb found that the allocation of direct funding violates the second prong of the
Lemon-Agostini Test by resulting in state-funded indoctrination: "As its name
suggests, Faith Works is a faith-based treatment program who
se bylaws state that it employs a Christian-enhanced model of the Alcoholics Anonymous
12-step program."
Crabb wrote: "Faith Works' version of AA involves more explicit references to God than
the standard AA. . . . The Court of Appeals for the Seventh Circuit has held that the
content of traditional AA meetings is religious
as a matter of law even when the meetings did not employ a 'Christian- enhanced' model
such as the one Faith Works uses."
Faith Works, which intervened to become a co-defendant, tried to argue that it
received enough private funding to cover the religious counseling it offered. Crabb
rejected this argument: "The Supreme Court has systematica
lly rejected attempts to unbundle religious activities through statistics and
accounting."
Crabb added: "Defendants neglect to point out that they used the integration of
religion into Faith Works' recovery model as a strong selling point for obtaining
funding. . . . Faith Works cannot now try to excise religio
n from its offerings, saying that it contracted with the state to provide the wholly
secular services of room and board without any reference to religion. This assertion
rings hollow in light of the literature Faith Works
provided the state. . . . I conclude that the Faith Works program indoctrinates its
participants in religion, primarily through its counselors."
Crabb also dismissed Faith Works' arguments that the government violates "free speech"
rights if it refuses to fund faith-based social agencies while it funds secular
agencies: "the Wisconsin state government's appropriat
ion of funds for the delivery of drug and alcohol treatment services . . . does not
create a forum for private speech."
Crabb found that Faith Works is a pervasively sectarian institution and "that religion
is so integral to the Faith works program that it is not possible to isolate it from
the program as a whole."
Then-Gov. Thompson also granted waivers permitting the Department of Corrections to
contract with Faith Works. Crabb stopped short of ruling the DOC contract
unconstitutional, and is scheduling a trial to hear this portio
n of the Foundation's challenge. However, Crabb ruled that the burden of proof is on
DOC to prove it does not coerce men on probation or parole to participate in Faith
Works.
Said co-plaintiff Dan Barker, a Foundation staff member: "It is very fitting that this
decision came down during the week marking the 200th anniversary of Thomas Jefferson's
famed letter noting the 'wall of separation bet
ween church and state.' The 'wall of separation' has been buttressed by this
significant First Amendment victory."
"This victory sends a powerful message to politicians seeking to unite church and
state, to endow ministries and 'faith-based' social service groups that have
explicitly religious agendas," added co-plaintiff Annie Laurie
Gaylor, editor of the Foundation's newspaper Freethought Today.
Plaintiffs in the lawsuit are the Freedom From Religion Foundation Inc., Anne Nicol
Gaylor, Annie Laurie Gaylor and Dan Barker. Representing the Foundation is attorney
Richard Bolton. The lawsuit was filed in October 2000
. The case is Freedom From Religion Foundation, Inc. v. Scott McCallum, 00-C-617-C,
January 7, 2001.
See the full decision: 00-C-617-C-01-07-02
For a downloadable .pdf version, click here:
00-C-617-C-01-07-02.pdf
See also:
"FFRF vs. Ashcroft", Freethought Today, August 2001
FaithWorks' Statement of Faith, Theology & Spirituality, Freethought Today, August 2001
"Foundation Goes To Court Over 'Charitable Choice' Funding of 'Faith Works',
Freethought Today, November 2000
#
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Page maintained by Dan Barker and hosted by the Internet Infidels.
End<{{{
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