Stimulus Package and Religious Freedom

"This is a direct attack on students of faith, and I’m outraged Democrats are using an economic stimulus bill to promote discrimination,” said Senator DeMint. “Democrats should be ashamed of themselves for siding with the ACLU over millions of students of faith. These students simply want equal access to public facilities, which is their constitutional right. This hostility toward religion must end. Those who voted to for this discrimination are standing in the schoolhouse door to deny people of faith from entering any campus building renovated by this bill.

“This is now an ACLU stimulus designed to trigger lawsuits designed to intimidate religious organizations across the nation. This language is so vague, it’s not clear if students can even pray in a dorm room renovated with this funding since that is a form of ‘religious worship.’ If this provision remains in the bill, it will have a chilling effect on students of faith in America.

“It is in hard times that our society most needs faith. It provides the light that no darkness can overcome. This provision is an attempt to extinguish that light from college campuses, from the lives of our youth.

“In the words of President Obama today, ‘Faith can promote a greater good for all of us.’ Our varied beliefs can bring us together and rebuild what is broken. It lifts those who have fallen on hard times. Our culture cannot survive without faith and our nation cannot survive without freedom. This provision is an assault against both. It's un-American and it's unconstitutional. Intolerant and it's intolerable.”

This funding restriction is unconstitutional. In the 2001 Good News Club v. Milford Central School Supreme Court decision, the court ruled that restricting religious speech within the context of public shared-use facilities (or schools) is unconstitutional.


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AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
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SEC. 14004. USES OF FUNDS BY INSTITUTIONS OF HIGHER EDUCATION.
(a) IN GENERAL.—A public institution of higher education that
receives funds under this title shall use the funds for education
and general expenditures, and in such a way as to mitigate the
need to raise tuition and fees for in-State students, or for modernization,
renovation, or repair of institution of higher education facilities
that are primarily used for instruction, research, or student housing,
including modernization, renovation, and repairs that are consistent
with a recognized green building rating system.
(b) PROHIBITION.—An institution of higher education may not
use funds received under this title to increase its endowment.
(c) ADDITIONAL PROHIBITION.—No funds awarded under this
title may be used for—
(1) the maintenance of systems, equipment, or facilities;
(2) modernization, renovation, or repair of stadiums or
other facilities primarily used for athletic contests or exhibitions
or other events for which admission is charged to the general
public; or
(3) modernization, renovation, or repair of facilities—

H. R. 1—168
(A) used for sectarian instruction or religious worship;
or
(B) in which a substantial portion of the functions
of the facilities are subsumed in a religious mission.
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FIRST AMENDMENT OF THE CONSTITUTION
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Amendment I: Freedom of speech, religion, press, petition and assembly. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

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