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Religion & Law

: Religion Clause

Challenge To Pledge and National Motto In Capitol Visitor Center Dismissed On Standing Grounds

By Howard M. Friedman

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In Freedom from Religion Foundation v. Ayers, (WD WI, Sept. 29, 2010), a Wisconsin federal district court held that neither the Freedom from Religion Foundation, nor any of its members, have standing to bring an Establishment Clause challenge to a Congressional joint resolution calling for the Architect of the Capital to engrave the Pledge of Allegiance and the National Motto, ?In God We Trust?, in the Capitol Visitors Center. The court held:

Plaintiffs fail to establish standing because they cannot point to any specific congressional appropriation for the allegedly unconstitutional concurrent resolution. Plaintiffs allege that performing the engraving as required by the concurrent resolution cost between $100,000 and $150,000 ?funded from U.S. taxpayer appropriations made by Congress[.]? ? This allegation ? does not provide the necessary link between taxpayer status and the expenditure. ?[U]se of funds for [an] allegedly unconstitutional program, without more, is not sufficient to meet the nexus required by Flast?; the appropriation of those funds for such a purpose is what provides the necessary link between taxpayer and expenditure to create standing.

The American Center for Law & Justice issued a press release calling the decision "an encouraging victory." Huffington Post reported on the decision.

Full post as published by Religion Clause on October 02, 2010 (boomark / email).