A watchdog group filed a lawsuit in federal court yesterday to try to block taxpayer-funded renovations of historic churches in California and to derail one of the most controversial elements of President Bush's effort to support religious charities.
The suit by Americans United for Separation of Church and State challenges the constitutionality of the California Missions Preservation Act, which Bush signed into law on Tuesday. It provides $10 million to restore 21 architecturally and historically significant churches, 19 of which have active Roman Catholic congregations.
Sen. Barbara Boxer (Calif.) and many other Democrats supported the legislation, saying the government should pay part of the high cost of preserving the rustic adobe churches because they attract tourists and are part of California's cultural heritage.
But the Rev. Barry W. Lynn, executive director of Americans United, said the churches are "not museums."
"Houses of worship must be maintained by their congregations, not the federal government," he said in a written statement. "If this type of assistance is upheld, every house of worship in America that is deemed 'historic' could demand upkeep and repair courtesy of the taxpayer."
Outside of military bases, the federal government pays for the upkeep of a small but growing number of worship facilities.
Under Bush's "faith based" initiative, the Department of the Interior since 2003 has given $317,000 to Boston's Old North Church; $215,000 to Mission Concepcion in San Antonio; and $375,000 to Rhode Island's Touro Synagogue, the oldest Jewish house of worship in the country.
In addition, the Department of Housing and Urban Development has revised its regulations to allow federal money to pay for construction or repair of buildings that are used both for worship and social services, such as drug counseling.
A HUD spokesman said the department's rules forbid taxpayer funding of a congregation's main place of worship. But he said government money could be used to build a wing on a church for use as a publicly funded job training center on weekdays and a religious school on Sundays.
In such situations, HUD rules require the grant to be prorated to cover only the portion of the facility devoted to the social service, either by space or by time. If 90 percent of a building is a homeless shelter and 10 percent is a chapel, for example, the government could pay 90 percent of the cost.
HUD declined to say how many dual-use grants have been awarded. A spokesman said it is difficult for HUD to track grants made through state and local agencies.
Americans United contends that such grants present an "enforcement nightmare" and said that it hopes its lawsuit will set a broad precedent against them.
"This is an important step in derailing the whole idea that you can fund religious buildings or programs if there is an additional secular purpose that may be served," Lynn said in an interview.
The suit, filed in U.S. District Court for the District of Columbia, names Interior Secretary Gale A. Norton as the defendant. Interior spokesman Daniel J. DuBray said that he could not comment on pending litigation, but that historic preservation is the "heart and soul" of the department's work.
"We feel very strongly that it is both constitutional and vitally important to preserve America's historical sites, including those that reflect the nation's spiritual heritage," he said.