By Alan Cooperman
The Washington Post
Friday, December 3, 2004; Page A25
A watchdog group filed a lawsuit in federal court yesterday to try to block
taxpayer-funded renovations of historic churches in California and to derail
one of the most controversial elements of President Bush's effort to support
religious charities.
The suit by Americans United for Separation of Church and State challenges
the constitutionality of the California Missions Preservation Act, which
Bush signed into law on Tuesday. It provides $10 million to restore 21
architecturally and historically significant churches, 19 of which have
active Roman Catholic congregations.
Sen. Barbara Boxer (Calif.) and many other Democrats supported the
legislation, saying the government should pay part of the high cost of
preserving the rustic adobe churches because they attract tourists and are
part of California's cultural heritage.
But the Rev. Barry W. Lynn, executive director of Americans United, said the
churches are "not museums."
"Houses of worship must be maintained by their congregations, not the
federal government," he said in a written statement. "If this type of
assistance is upheld, every house of worship in America that is deemed
'historic' could demand upkeep and repair courtesy of the taxpayer."
Outside of military bases, the federal government pays for the upkeep of a
small but growing number of worship facilities.
Under Bush's "faith based" initiative, the Department of the Interior since
2003 has given $317,000 to Boston's Old North Church; $215,000 to Mission
Concepcion in San Antonio; and $375,000 to Rhode Island's Touro Synagogue,
the oldest Jewish house of worship in the country.
In addition, the Department of Housing and Urban Development has revised its
regulations to allow federal money to pay for construction or repair of
buildings that are used both for worship and social services, such as drug
counseling.
A HUD spokesman said the department's rules forbid taxpayer funding of a
congregation's main place of worship. But he said government money could be
used to build a wing on a church for use as a publicly funded job training
center on weekdays and a religious school on Sundays.
In such situations, HUD rules require the grant to be prorated to cover only
the portion of the facility devoted to the social service, either by space
or by time. If 90 percent of a building is a homeless shelter and 10 percent
is a chapel, for example, the government could pay 90 percent of the cost.
HUD declined to say how many dual-use grants have been awarded. A spokesman
said it is difficult for HUD to track grants made through state and local
agencies.
Americans United contends that such grants present an "enforcement
nightmare" and said that it hopes its lawsuit will set a broad precedent
against them.
"This is an important step in derailing the whole idea that you can fund
religious buildings or programs if there is an additional secular purpose
that may be served," Lynn said in an interview.
The suit, filed in U.S. District Court for the District of Columbia, names
Interior Secretary Gale A. Norton as the defendant. Interior spokesman
Daniel J. DuBray said that he could not comment on pending litigation, but
that historic preservation is the "heart and soul" of the department's work.
"We feel very strongly that it is both constitutional and vitally important
to preserve America's historical sites, including those that reflect the
nation's spiritual heritage," he said.
© 2004 The Washington Post Company