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6th Circuit Denies En Banc Rehearing In Faith-Based Funding Case

By Howard M. Friedman

The Louisville (KY) Courier-Journal reports that the U.S. 6th Circuit Court of Appeals on Wednesday denied an en banc rehearing in Pedreira v. Kentucky Baptist Homes For Children, Inc. In August, a 3-judge panel of the 6th Circuit held that plaintiffs have standing as state taxpayers to maintain an Establishment Clause challenge to the $100 million of state funds paid to KBHC to care for children. (See prior posting.) KBHC says it plans to appeal to the U.S. Supreme Court. A KBHC spokesman added: "The ironic thing about this kind of taxpayer suit is that if the plaintiff prevailed in barring faith-based providers from providing these services, where the funding is subsidized by private donations, it would end up costing the taxpayers more."

Full post as published by Religion Clause on December 18, 2009 (boomark / email).