Justices bar taxpayers suits against "faith-based" initiatives

WASHINGTON — The Supreme Court ruled today that ordinary taxpayers cannot challenge a White House initiative that helps religious charities get a share of federal money.

The 5-4 decision blocks a lawsuit by a group of atheists and agnostics against eight Bush administration officials including the head of the White House Office of Faith-Based and Community Initiatives.

The taxpayers' group, the Freedom From Religion Foundation Inc., objected to government conferences in which administration officials encourage religious charities to apply for federal grants.

Taxpayers in the case "set out a parade of horribles that they claim could occur" unless the court stopped the Bush administration initiative, wrote Justice Samuel Alito. "Of course, none of these things has happened."

The justices' decision revolved around a 1968 Supreme Court ruling that enabled taxpayers to challenge government programs that promote religion.

The 1968 decision involved the Elementary and Secondary Education Act, which financed teaching and instructional materials in religious schools in low-income areas.

"This case falls outside" the narrow exception allowing such cases to proceed, Alito wrote.

In dissent, Justice David Souter said that the court should have allowed the taxpayer challenge to proceed.

The majority "closes the door on these taxpayers because the executive branch, and not the legislative branch, caused their injury," wrote Souter. "I see no basis for this distinction."

With the White House Office of Faith-Based and Community Initiatives, President Bush says he wants to level the playing field. Religious charities and secular charities should compete for government money on an equal footing, says the president.

White House spokeswoman Emily Lawrimore called the ruling "a substantial victory for efforts by Americans to more effectively aid our neighbors in need of help."

She said the faith-based and community initiative can remain focused on "strengthening America's armies of compassion."