Federal Lawsuit Challenges District Of Columbia's Funding Of Religious Mission (9/18/2008)
City Should Not Fund Ministry That Compels Homeless Men To Attend Religious
Services
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WASHINGTON – The ACLU of the National Capital Area, Americans United for
Separation of Church and State and the American Civil Liberties Union filed a
federal lawsuit today challenging the District of Columbia's plan to grant more
than $12 million in public property and cash to the Central Union Mission, a
religious homeless shelter.
The Mission conditions shelter for the homeless on participation in Christian
religious activity, including mandatory attendance at nightly church services.
Its director has stated, "We are in the business of converting people to Christ.
That's what we do." The Mission only employs Christians and requires volunteers
to declare their church affiliation.
The lawsuit, Chane v. District of Columbia, was filed in U.S. District Court
for the District of Columbia. Two of the plaintiffs are homeless men in the
District of Columbia who do not go to the Mission because of its requirement
that the homeless participate in religious services.
Six other plaintiffs are local taxpayers – including members of the clergy –
who assert that the proposed gift of cash and property from the District of
Columbia to the Mission will unconstitutionally support religious activities.
The taxpayer plaintiffs include the Right Rev. John Bryson Chane, Episcopal
Bishop of Washington, and the Rev. Joseph M. Palacios, a Roman Catholic priest
and professor of sociology at Georgetown University.
"The Central Union Mission has a constitutional right to preach the gospel
and recruit disciples for its faith, as it's been doing for 124 years," said
Arthur B. Spitzer, Legal Director of the ACLU of the National Capital Area. "But
it is a constitutional violation for the District of Columbia to support that
preaching with millions of dollars of public money and public property."
Said the Rev. Barry W. Lynn, Executive Director of Americans United for the
Separation of Church and State, "Government should not fund a homeless shelter
that requires residents to take part in religious services and discriminates in
religious hiring. Religious activities should be funded with the voluntary
donations of the faithful, not tax dollars."
The Council of the District of Columbia voted in July to pay $7 million in
cash and convey a downtown property known as the Gales School to the Mission, in
exchange for far less valuable property in the Petworth neighborhood. The
transaction will result in a net financial gain for the Mission of more than $12
million.
"People who are homeless lack options for finding shelter and are
particularly vulnerable to religious coercion," said Alex J. Luchenitser, Senior
Litigation Counsel for Americans United for Separation of Church and State. "The
District should use its tax funds to ensure that sufficient shelter space exists
for all who are homeless here, not just for those who are willing to go to
church services every night."
The lawsuit's plaintiffs ask the court to block the transaction, or
alternatively, to require the Mission either to agree not to engage in religious
activities at the Gales School, or to pay fair market value for the property.
The plaintiffs do not object to the shelter's religious activities as long as
they are not supported by government funds or property.
The lawsuit notes that the mission statement of Central Union Mission reads,
"Our mission is to glorify God through proclaiming and teaching the gospel,
leading people to Christ, developing disciples, and serving the needs of hurting
people throughout the Washington Metropolitan Area."
"The government shouldn't use taxpayer dollars to underwrite religious
indoctrination," said Daniel Mach, Legal Director for the ACLU's Program on
Freedom of Religion and Belief. "This is a bad deal for the city, its homeless
population and the U.S. Constitution."
Lawyers on the case include Spitzer, Luchenitser, and Mach, as well as Ayesha
N. Khan, Legal Director of Americans United for Separation of Church and State
and Frederick V. Mulhauser, Staff Attorney with the ACLU of the National Capital
Area.
Additional information about the ACLU's Program on Freedom of Religion and
Belief can be found online at: www.aclu.org/religion/index.html
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