Challenge to California Missions Act Pending

In 2004, Congress passed the California Missions Act authorizing the spending of $10 million in federal funds to preserve 21 Spanish-era missions that are in disrepair. The funds are to be matched by private contributions. Today's Contra Costa Times reports on a taxpayer challenge to the constitutionality of that act filed in December 2004 by Americans United for Separation of Church and State. AU's director, Rev. Barry Lynn, argues that if the Establishment Clause means that the government cannot build churches, it also means that it cannot spend funds to repair them. He also objects to use of some of the funds to preserve religious art and artifacts in the missions. Many others, however, argue that preservation of these kinds of historical buildings with government funds creates no Constitutional problem, especially since very little religious connotation remains associated with these historical sites.