Weblog: State Funding of Religious Recovery Program Ruled Unconstitutional
Milwaukee's voucher debate continues, more persecution of Christians in China, Chuck Colson's heir apparent, and niche marketing on the telly
Ted Olsen | posted 1/01/2002 12:00AM
Is Milwaukee court decision a setback to faith-based initiatives?
A federal district court in Wisconsin last week ruled that state funding of a religious addiction-recovery program is unconstitutional. "I conclude that the Faith Works program indoctrinates its participants in religion, primarily through its counselors," wrote Judge Barbara B. Crabb (PDF). "Religion is so integral to the Faith Works program that it is not possible to isolate it from the program as a whole." On the surface, it seems like a major blow to President Bush's faith-based initiative. In fact, during his 2000 campaign Bush even promoted Faith Works (which offers job placement, training, and other services in addition to its counseling) as an example of the kind of group he'd like the faith-based initiative to help. Americans United for the Separation of Church and State is calling the decision "a huge defeat for the Bush administration."
But not so fast. The decision "by no means slams the door on the president's faith-based and community initiatives," says Stephen Lazarus of the Center for Public Justice. Instead, the Milwaukee Journal-Sentinel paraphrases Lazarus, "Crabb's decision merely means that states will have to be more careful in how they channel money to faith-based agencies and in how those agencies are run." The Bush administration apparently agrees. A Justice Department spokeswoman tells The New York Times, the decision "reaffirms the importance of providing protections to make sure that federal funds aren't used for religious or proselytizing purposes." In the decision itself, Crabb specifically states that "this case does not involve a challenge to the constitutionality of
charitable choice.
Simply because a state-funded program engages in indoctrination does not mean that the program's funding is unconstitutional."
Crabb's ruling actually came before trial, since the state and the plaintiff (the Freedom from Religion Foundation) agreed on the facts of Wisconsin's grants to the program. Another part of the case, over "whether offenders under the supervision of the Department of Corrections who participate in the Faith Works program do so of their own independent, private choice," wasn't so easy and will go to trial later this month.
Wisconsin Supreme Court justice attacked over voucher decision
Speaking of Wisconsin court cases on state funding of religious institutions, the state's Supreme Court is being asked to overturn its 1998 decision allowing school vouchers. Justice Jon Wilcox should have removed himself from the case, say voucher opponents, because his re-election campaign received contributions from voucher supporters. Gov. Scott McCallum says the request is just one more ploy. "School choice in Milwaukee is working," he said. "It is successful. It has helped so many children and their families. Why these people want to hurt economic-disadvantaged children is beyond me."
China busts up yet another church, sentences leaders without trial
After arresting a Hong Kong businessman for smuggling Bibles and ordering the execution of church leaders, China is continuing its crackdown on Christianity. This time, the official China News Service is reporting that leaders of the evangelical Association of Disciples church have been sentenced to hard labor without a trial. "A large rally was held to announce the sentences and 'educate' the local population of the dangers of the group," Agence France-Presse says, summarizing the official Chinese report. President George Bush, who is "deeply concerned about these reports" of persecution, will visit China next month.
January (Web-only) 2002, Vol. 46