Bush's Faith-Based Program Debated in Court
WASHINGTON (Reuters) - The U.S. Supreme Court debated on Wednesday whether taxpayers can contest the use of government funds for church-related activities, with examples about presidential travel to address religious groups and bagels served at prayer breakfasts.
The theoretical discussion came in a high-profile case related to the perennial issue of keeping faith out of state matters as mandated by the U.S. Constitution.
The administration was urging the top court to limit the right of taxpayers to sue over government funding of religious activities as a way to derail another larger question over whether President George W. Bush's federal program to funnel federal dollars to religious groups is unconstitutional.
In considering the question, Justice Antonin Scalia asked if a taxpayer could sue over a hypothetical trip by the president on Air Force One to speak to a religious group, with the U.S. government picking up the whole tab, including the cost of fuel and security guards.
"The whole trip is about religion," Scalia said during arguments in the case brought by a Wisconsin group called the Freedom from Religion Foundation and three of its members.
Chief Justice John Roberts made up his own example in questioning the attorney for a group that wants to proceed with its constitutional challenge to Bush's program to help religious groups get federal funds.
"I don't understand under your theory why any taxpayer couldn't sue our marshal for standing up and saying 'God save the United States and this honorable court.' Her salary comes from Congress," Roberts said.