Senate Rejects Stimulus Amendment Protecting Religious Activity on College and University Campuses

"This provision has nothing to do with economic stimulus and everything to do with religious discrimination." -Jay Sekulow, ACLJ chief counsel

WASHINGTON, Feb. 6, 2009—By a vote 54-to-63, the U.S. Senate rejected an amendment to the economic stimulus bill that would have protected religious activity on college and university campuses.  The amendment, offered by Sen. Jim DeMint (R-S.C.), would have invalidated language included in the stimulus measure that prohibits higher education facilities that accept federal stimulus funds from permitting religious groups and organizations from using those facilities.  The American Center for Law and Justice (ACLJ), focusing on constitutional law, said today it is disappointed by the vote to leave the discriminatory language in the stimulus bill.
 
"This is a very disappointing development," said Jay Sekulow, chief counsel of the ACLJ.  "What's most troubling is the fact that a majority of the Senate supports a discriminatory provision that prohibits religious activity from taking place in college and university facilities nationwide that take federal stimulus funds.  If this language remains in the stimulus package that's ultimately approved by Congress, we will challenge this provision in federal court by filing suit." 
 
Just days ago, 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."
 
Under this provision, student groups would be barred from using facilities for worship or even Bible study if the school accepts the federal stimulus funds.
 
Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.  The ACLJ is online at www.aclj.org.