The provision bans money designated for school renovation from being spent on facilities that allow "religious worship." It has ignited a fury among critics who say it violates the First Amendment and is an attempt to prevent religious practice in schools.
"The economic crisis is being used as a pretext to curb religious liberty at institutions of higher learning," said Executive Director Andrea Lafferty.
"We are not asking that federal funding be used to construct a church, but if a campus ministry wants to hold a Bible study or Mass in the student activity building, we should be encouraging that -- not punishing a college for permitting it," she said.
Tushnet cited a 2004 Supreme Court case in which a Washington student lost a college scholarship awarded by the state after it was revealed that he planned to pursue a degree in pastoral ministries. Though the student argued that rescinding the money discriminated on the basis of religion, the court ruled in the state's favor -- declaring that the taxpayer-funded scholarship's restriction is constitutional."
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