House Bill Includes Religious Organizations as Recipients of Federal Assistance for Disaster Relief

In House Approves Storm Aid for Religious Institutions, theNew York Times reports that the United States House of Representatives, by avote of 354 to 72, has passed a bill approving “the use of federal money torebuild churches and synagogues damaged by Hurricane Sandy, despite concernthat such aid could violate the doctrine of separation of church and state.”  The bill now awaits consideration in theSenate.  According to the story, SenatorKirsten E. Gillibrand, Democrat of New York, has expressed support for the billand “was working to secure its passage in the Senate.”  Observing that FEMA has generally refused togrant federal relief for rebuilding the physical facilities of houses ofworship following natural disasters, the Times reports that FEMA lawyers raisednumerous objections to the bill as a significant departure from current law.

But is the bill constitutional?  Opinions vary (imagine that!), says the story:

The Becket Fund for Religious Liberty, an advocacygroup, said the bill was constitutional under Supreme Court precedents that allow houses ofworship to receive “generally available benefits” like police and fireprotection and sewer connections.

But Representative Jerrold Nadler of Manhattan, the seniorDemocrat on the House Judiciary Subcommittee on the Constitution, said: “Thisbill would direct federal taxpayer dollars to the reconstruction of houses ofworship. The idea that taxpayer money can be used to build a religioussanctuary or an altar has consistently been held unconstitutional.”

The AmericanCivil Liberties Union agreed, saying it was a bedrock principle ofconstitutional law that “taxpayer funds cannot go to construct, rebuild orrepair buildings used for religious activities.”

One can ironically frame the constitutional issue raised by the bill in thelanguage of contract law: may the federal government provide financial aid toreligious organizations for an act of God?

 JRB