AmeriCorps Programs Violate Separation of Church and State

On July 6, a federal court judge ruled that AmeriCorps must stop funding programs that place volunteers in Catholic schools. The American Jewish Congress (AJC) brought suit against the Corporation for National and Community Service (CNCS), the federal agency that runs AmeriCorps, for unconstitutionally crossing the line between church and state. AJC claims that because AmeriCorps volunteers are sponsored with federal dollars through "educational awards," that they should not be placed in religious institutions such as Catholic schools. Some AmeriCorps programs send volunteers to work in religious schools where they teach religion to students throughout the school day, lead their students in prayer multiple times a day, and attend mass with their students. The University of Notre Dame intervened on behalf of CNCS. Notre Dame and CNCS argued that AmeriCorps was not violating the Establishment Clause of the First Amendment (the part of the First Amendment that calls for the separation of church and state) because volunteers would essentially "clock out" during times of religious instruction. Defending the process CNCS stated that the time volunteers spend engaging in religious activity is not recorded on timesheets that are submitted to justify the educational award. However, Judge Gladys Kessler of the U.S. District Court of District of Columbia ruled that time sheets used to prove that volunteers were not getting paid for their time while being involved in religious activity were "totally inadequate." Kessler writes, "Moreover, even if the court assumes the Corporation [for National and Community Service] accurately estimates the time AmeriCorps participants spends on religious versus non-religious activities, it is impossible to distinguish between the two roles that AmeriCorps participants supposedly play. The line between the two has become completely blurred." The case could definitely have broader implications on President Bush's faith-based initiative. Although Bush's initiative has not been able to pass through Congress, it has been implemented administratively through Executive Order. Federal grant-making agencies have created new rules that make it easier for government to contract with religious organizations for social services. While religious organizations that receive federal funds are encouraged to maintain their religious identity and character, they are barred from using federal money for religious activity. New agency rules state that religious activity must be carried out during a separate time or location from those activities that are supported with federal funds. Could the line between the two also become completely blurred? Read Kessler's full opinion.
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