Stimulus Package Could Stimulate Religious Discrimination

"There is a priority problem in Washington." -Jay Sekulow, ACLJ chief counsel

WASHINGTON, Feb. 3, 2009— The Senate's current proposal to stimulate the U.S. economy may stimulate something far less desirable: religious discrimination.  Today the nation's leading conservative public interest law firm, the American Center for Law and Justice (ACLJ), 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.  "This Administration and Congress moved swiftly to provide federal funds for a host of disturbing initiatives - including the promotion of abortion.  And, now, there's 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, we'll 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."