WHILE THE STUPID PARY THINKS IT'S LOSING:

Religion for a Captive Audience, Paid For by Taxes (DIANA B. HENRIQUES and ANDREW LEHREN, 12/10/06, NY Times)

Since 2000, courts have cited more than a dozen programs for having unconstitutionally used taxpayer money to pay for religious activities or evangelism aimed at prisoners, recovering addicts, job seekers, teenagers and children.

Nevertheless, the programs are proliferating. For example, the Corrections Corporation of America, the nation’s largest prison management company, with 65 facilities and 71,000 inmates under its control, is substantially expanding its religion-based curriculum and now has 22 institutions offering residential programs similar to the one in Iowa. And the federal Bureau of Prisons, which runs at least five multifaith programs at its facilities, is preparing to seek bids for a single-faith prison program as well.

Government agencies have been repeatedly cited by judges and government auditors for not doing enough to guard against taxpayer-financed evangelism. But some constitutional lawyers say new federal rules may bar the government from imposing any special requirements for how faith-based programs are audited.

And, typically, the only penalty imposed when constitutional violations are detected is the cancellation of future financing — with no requirement that money improperly used for religious purposes be repaid.

But in a move that some constitutional lawyers found surprising, Judge Pratt ordered the prison ministry in the Iowa case to repay more than $1.5 million in government money, saying the constitutional violations were serious and clearly foreseeable.

His decision has been appealed by the prison ministry to a federal appeals court and fiercely protested by the attorneys general of nine states and lawyers for a number of groups advocating greater government accommodation of religious groups. The ministry’s allies in court include the Bush administration, which argued that the repayment order could derail its efforts to draw more religious groups into taxpayer-financed programs.

Officials of the Iowa program said that any anti-Catholic comments made to inmates did not reflect the program’s philosophy, and are not condoned by its leadership.

Jay Hein, director of the White House Office of Faith-Based and Community Initiatives, said the Iowa decision was unfair to the ministry and reflects an “overreaching” at odds with legal developments that increasingly “show favor to religion in the public square.”

And while he acknowledged the need for vigilance, he said he did not think the constitutional risks outweighed the benefits of inviting “faith-infused” ministries, like the one in Iowa, to provide government-financed services to “people of faith who seek to be served in this ‘full-person’ concept.”

Over the last two decades, legislatures, government agencies and the courts have provided religious organizations with a widening range of regulatory and tax exemptions. And in the last decade religious institutions have also been granted access to public money once denied on constitutional grounds, including historic preservation grants and emergency reconstruction funds.

In 2002, the Supreme Court ruled that public money could be used for religious instruction or indoctrination, but only when the intended beneficiaries made the choice themselves between religious and secular programs — as when parents decide whether to use tuition vouchers at religious schools or secular ones. The court emphasized the difference between such “indirect” financing, in which the money flows through beneficiaries who choose that program, and “direct” funding, where the government chooses the programs that receive money.

Prisoners need not choose religious rehabilitation.

Posted by Orrin Judd at December 10, 2006 10:11 AM