Hein V. Freedom From Religion Foundation - Reactions To The Decision

Reactions To The Decision

President George W. Bush expressed his pleasure at the majority's ruling, saying "Today's Supreme Court decision marks a substantial victory for efforts by Americans to more effectively aid our neighbors in need of help. The Faith-Based and Community Initiative can remain focused on strengthening America's armies of compassion and expanding their good works. Similar efforts by governors and mayors in states and cities all across the country can also continue to advance. …This ruling is a win for the thousands of community and faith-based nonprofits all across the country that have partnered with government at all levels to serve their neighbors. Most importantly, it is a win for the many whose lives have been lifted by the caring touch and compassionate hearts of these organizations."

Former Head of the White House Office of Faith-Based and Community Initiatives Jim Towey, called the decision "good news for addicts and the homeless and others seeking effective social services. It's also a repudiation of the kind of secular extremism that ruled the public square for decades."

Jay Sekulow of the American Center for Law and Justice said of the decision "This is a very significant victory that sends a powerful message that atheists and others antagonistic to religion do not get an automatic free pass to bring to bring Establishment Clause lawsuits. ...This decision will have serious ramifications for separationist attempts to claim special privileges to sue as taxpayers without showing that a law or government activity actually injured them in any way. ...By rejecting a claim to special treatment for atheists and other separationists, the high court took an important step toward restoring equity to the legal system with respect to federal challenges in the Establishment Clause arena." The ACLJ concluded that the "decision continues the trend to rebuff efforts to build upon the questionable Flast precedent."

The Rev. Barry W. Lynn of the Americans United for Separation of Church and State expressed his disappointment saying "This is a disappointing decision that blocks the courthouse door for Americans with legitimate church-state grievances. Taxpayers should be allowed to challenge public funding of religion, whether the money is allocated by Congress or the White House. However, it is important to note that this ruling applies to only a few situations. Most church-state lawsuits, including those that challenge congressional appropriations for faith-based programs, will not be affected." Lynn called Justice Alito's statement that "Congress could quickly step in" if the Executive went too far as "quite incredible because the damage is done when the president acts. We have the courts to do precisely this, rein in the president or the Congress."

Ralph G. Neas, president of People For the American Way Foundation, said the decision marked "a bad day for the First Amendment. The Supreme Court just put a big dent in the wall of separation between church and state."

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