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6th Circuit Upholds Inclusion of Churches In Detroit's Renovation Funding

By Howard M. Friedman

In American Atheists, Inc. v. City of Detroit Downtown Development Authority, (6th Cir., May 28, 2009), the U.S. 6th Circuit Court of Appeals held that the Establishment Clause (as well as the parallel provision in the Michigan Constitution) was not violated by including churches in a program that used city funds to pay part of the cost of refurbishing downtown buildings and parking lots. The redevelopment program was designed to enhance the visual appearance of the downtown Detroit in preparation for hosting the 2005 Major League Baseball All-Star Game and the 2006 NFL Superbowl. As the court put it: "Detroit sought to fix up its downtown, not to establish a religion."

The trial court had upheld most of the grants, but invalidated those used for signs and for covering stained-glass windows. (See prior posting.) The 6th Circuit found all the grants valid. The Court of Appeals began its 32-page opinion by finding that plaintiffs had taxpayer standing to bring the lawsuit, distinguishing standing of municipal taxpayers from that of state and federal taxpayers. Moving to the merits, the court held that the Detroit program was neutral and did not have the primary effect of advancing religion. Including churches along with dozens of secular entities would not be seen as an endorsement of their religious views. [Thanks to Brian D. Wassom for the lead.]

Full post as published by Religion Clause on May 28, 2009 (boomark / email).