A Pennsylvania decision bars funding in prison programs
Feisty
Pennsylvania County Agrees To Settle Lawsuit Challenging 'Faith-Based' Jail Ministry
Tuesday, April 3, 2007
Officials in Bradford County, Pa., have agreed to bar any public funding of religious
activities as part of a settlement of a lawsuit challenging a local "faith-based"
inmate ministry.
In 2005, Americans United for Separation of Church and State, the ACLU of
Pennsylvania, and the national law firm of Arnold & Porter LLP brought a legal action
against Bradford County and other governmental agencies for funding The Firm
Foundation, a religiously based rehabilitation program at the Bradford County jail.
In a settlement agreement filed with the U.S. District Court for the Middle District
of Pennsylvania today, Bradford County agreed that all of its future contracts will
bar an array of unconstitutional activities involving government support of religion.
Said the Rev. Barry W. Lynn, Americans United executive director, "I am pleased with
this result. Taxpayers should never be asked to subsidize religious activities or
religious discrimination. This settlement ensures that public dollars will be spent
to advance public purposes, not private religious goals."
Americans United Senior Litigation Counsel Alex J. Luchenitser added, "This is a
victory for all Bradford County residents. It means public funds will be spent in
accordance with the Constitution and common fairness. The county should be commended
for doing the right thing to resolve this case."
Under terms of the agreement, Bradford County will:
a.. Prohibit the use of any public funds for the support of any religious
activities, including religious instruction, worship and proselytization
b.. Bar the use of public money to purchase religious materials or the construction
or maintenance of religious buildings
c.. Forbid county contractors from pressuring or coercing program beneficiaries to
attend or participate in religious activities
d.. Prohibit publicly funded programs from discriminating based on religion in
providing services
e.. Regularly monitor compliance with these rules by all religiously affiliated
contractors.
The settlement does not conclude the lawsuit entirely. The case is still pending
against the Pennsylvania Commission on Crime and Delinquency and The Firm Foundation.
The lawsuit has been litigated by attorneys Dan Kuhn and Bruce Kelly of Arnold &
Porter LLP, Americans United attorneys Ayesha N. Khan, Richard B. Katskee and Alex J.
Luchenitser, and Pennsylvania ACLU attorneys Witold J. Walczak and Mary Catherine
Roper.
The situation in Bradford County was brought to public attention by the Bradford
County Alliance for Democracy, a local citizens' group.
Americans United is a religious liberty watchdog group based in Washington, D.C.
Founded in 1947, the organization educates Americans about the importance of
church-state separation in safeguarding religious freedom.
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Maureen