Jul 16, 2008
A Florida court ruled Tuesday in favor of two faith-based organizations which contract with the state to provide substance abuse counseling, housing and other services to former prison inmates, The Becket Fund for Religious Liberty announced yesterday.
"This is a resounding victory for our clients and for faith-based organizations throughout Florida," said Lori Windham, Becket Fund Legal Counsel, by telephone from Tallahassee. "This ruling conclusively demonstrates that the Blaine Amendment does not bar the state from using state taxes to contract with faith-based organizations. Our clients can continue to do their good work serving those in need."
The New York-based Council for Secular Humanism sued the State of Florida and the two faith-based contractors in May 2007 under the state's Blaine Amendment, which prohibits state funds from being used in aid of sectarian institutions.
The Blaine Amendments, passed in the nineteenth century were a product of anti-Catholic bigotry, exist today in more than 30 states and sometimes prohibit public funds from going to faith-based organizations and schools.
The Florida Blaine Amendment is particularly controversial, and voters will have the opportunity to vote on a referendum to abolish it this November.
The faith-based ministries, Prisoners of Christ and Lamb of God Ministries, are represented by the Becket Fund together with Wiley Rein and the Tallahassee law firm, Ausley & McMullen.
The judge made the ruling from the bench Tuesday after a hearing in Second Judicial Circuit Court of Leon County, FL. The State, Prisoners of Christ, and Lamb of God Ministries had asked the court to grant judgment on the pleadings, effectively ending the case against them.
The court granted the motion. The court’s written order is expected in the next few weeks. It is not known whether the Council for Secular Humanism plans to appeal the judgment.
The case is Council for Secular Humanism, Inc., et al. v. McNeil, et al., No. 2007-CA-1358.
The Washington-based Becket Fund for Religious Liberty is a nonpartisan, interfaith, public-interest law firm dedicated to protecting the free expression of all religious traditions.
To arrange an interview with a Becket Fund attorney, contact Tom Carter at 202-349-7205, or 202-538-2044 (cell) or becketfund.carter@gmail.com.
For more information about The Becket Fund visit www.becketfund.org.