Stimulus Bill Takes Aim At Religious Speech

The stimulus package, also known as the American Recovery and Reinvestment Act of 2009, may contain a provision allowing colleges to obtain federal grant money to repair and renovate their schools under the condition that school facilities are not used for religious purposes such as "sectarian instruction" or "religious worship."  Additionally, private colleges may not receive such grants if the school is "subsumed in a religious mission." 

The original bill proposed by the House of Representatives included this provision, which has left many religious organizations acrossthe nation fearful of no longer being permitted on college campuses.   It is unclear whether this language will be removed prior to the final vote on the stimulus package.  Should the provision remain, colleges would only be able to accept funding if they are willing to prohibit the use of their facilities by organizations such as Inter-Varsity Christian Fellowship and Campus-Crusade For Christ.  Additionally, colleges could be forced to prohibit the use of their facilities for church services on Sundays, as well as bible studies or prayer meetings conducted by their own students. 

This provision is clearly unconstitutional as it requires the government to regulate speech based on the message it conveys.  Should President Obama sign this bill into law as it is currently written, there is sure to be outrage and potential litigation to stop its enforcement. 

"The vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools. The college classroom with its surrounding environs is peculiarly the 'marketplace of ideas,' and we break no new constitutional ground in reaffirming this Nation's dedication to safeguarding academic freedom. Among the rights protected by the First Amendment is the right of individuals to associate to further their personal beliefs. " Healy v. James, 408 U.S. 169 (1972)

This information is provided by Advocates for Faith and Freedom, a non-profit religious law firm dedicated to protecting religious liberty in the courts!  To help us in our ongoing battle for religious freedom, click here to donate to Advocates.