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Chaplain Lacks Standing In Establishment Clause Challenge To "Five Faiths Policy"

By Howard M. Friedman

In McCollum v. State of California, 2009 U.S. Dist. LEXIS 11154 (ND CA, Feb. 13, 2009), a California federal district court held that a volunteer Wiccan prison chaplain lacks both traditional standing and taxpayer standing to bring an Establishment Clause challenge to the California prison system's policy of providing paid chaplains for only five faiths-- Protestant, Catholic, Jewish, Muslim, and Native American. As to traditional standing, plaintiff is attempting to assert rights of third parties, i.e. Wiccan inmates. As to taxpayer standing, plaintiff is not seeking to stop the expenditure of state funds, but rather to increase or transfer expenditures to have Wiccan chaplains hired as well. Establishment Clause taxpayer standing extends only to cases where a taxpayer is attempting to lessen expenditures.

Full post as published by Religion Clause on February 20, 2009 (boomark / email).