Summary

Church-state separationists, relying on their mere status as taxpayers, may not challenge government funding to a faith-based organization unless they satisfy the narrow exception articulated by the Supreme Court forty years ago in and reaffirmed again last year.

On March 28, 2008, the United States District Court for the Western District of Kentucky threw out taxpayers' claims that the Commonwealth of Kentucky violated the Establishment Clause by providing funds to Sunrise Children's Services, formerly known as the Kentucky Baptist Homes for Children, for the purpose of providing residential care to abused and neglected children.

The court, following the Supreme Court's recent decision in Hein v. Freedom From Religion Foundation, ruled that the plaintiffs lacked standing to sue as taxpayers.

In Hein, the Supreme Court reiterated its earlier decision in Flast v. Cohen, stating taxpayers only have standing to challenge federal government expenditures made pursuant to an Act of Congress; general appropriations to the Executive Branch are insufficient for taxpayer standing.

The court in Pedreira found that the plaintiffs failed to show any legislative action in connection to the alleged Establishment Clause violation, and thus dismissed the case. Plaintiffs appealed to the Sixth Circuit Court of Appeals. On March 11, 2009, a panel of Sixth Circuit judges heard oral argument in this case.

CLS Center attorneys assisted Louisville attorney John Sheller in representing KBHC.

Litigation Documents

Sixth Circuit Court of Appeals

Appellees' Brief - November 20, 2008

District Court

Memorandum Opinion - Mar. 28, 2008

Memorandum Opinion - July 23, 2001

Press Releases

ACLU fails in lengthy attack on Baptist children's home - April 2, 2008

Blog Commentary

The Center Blog - Court Throws Out Lawsuit Against Christian Children's Home - Mar. 28, 2008