AJC: Hein Supreme Court Decision Undermines Religious Liberty

American Jewish Committee:

The American Jewish Committee is disappointed with the Supreme Court's decision to deny taxpayers the ability to contest the President's use of federal funds to aid religion when those funds were not designated by Congress for that purpose.

'Today's Supreme Court decision undermines the Constitution's protection of religious liberty,' said Jeffrey Sinensky, AJC's general counsel. 'Allowing taxpayers to challenge only those government expenditures earmarked by Congress inappropriately insulates the executive branch from the constitutional scrutiny that safeguards the separation of church and state.'

In a 5-4 decision in Hein v. Freedom From Religion Foundation, the Court rejected a lawsuit challenging the actions of the White House Office of Faith Based and Community Initiatives, ruling that the case falls outside the narrow exception established for taxpayer standing.

AJC has filed amicus briefs in all the major Supreme Court cases on First Amendment taxpayer standing, and in light of today's decision, reasserts its belief that in order to give effect to both the Constitution and the principles upon which our liberal democracy was founded, taxpayers must have the opportunity to challenge all government expenditures that violate the Establishment Clause.