Federal judge rules MSU program violates church-state separation

Montana State University's support of a Carroll College nursing program violates a ban on government promotion of religion, a federal judge has ruled.

U.S. Magistrate Richard Anderson ordered MSU Office of Rural Health Director David Young to stop dispensing federal funds to parish nursing programs at the private Catholic school in Helena.

The judge also said in Tuesday's ruling that Young and MSU may no longer house offices of the nonprofit Montana Faith-Health Cooperative or provide it with a Web site and other services.

"Young believes that the people with a strong faith background are healthier and that having a faith or spiritual orientation promotes one's health," the judge wrote. Young is not entitled to promote that belief through MSU, he said.

At issue was support of parish nurses who offer rural residents communion and prayer along with nursing services. Anderson found that the program received a funding preference from Young's office and did not have to go through competitive bidding.

"Young acted with the clear primary purpose of promoting and endorsing the use and application of Judeo-Christian principles," Anderson wrote.

Young, who won a $614,000 three-year grant from the federal Compassion Capital Fund demonstration program, could not be reached Wednesday for comment.

MSU Legal Counsel Leslie Taylor, who defended the case, said she didn't know whether MSU would appeal. She said the university had argued that the faith-based project was consistent with federal regulations and the Constitution.

Taylor said food banks and other local programs applied to the MSU office for small federal grants, while almost two-thirds of the money went toward MSU's overhead, salaries and an annual conference.

The lawsuit was brought by the Freedom from Religion Foundation in Madison, Wis., on behalf of three taxpayers. Annie Laurie Gaylor, co-founder of the group, said she was pleased by the ruling but disappointed that none of the spent money could be recovered.

"That's the real travesty," Gaylor said. "Taxpayers lost out altogether. It's not scientific, it's not legal. But we are delighted. We consider it a major victory."