Tennessee AG Says Grants To Churches Violate Establishment Clause

On Monday, Tennessee's legislature passed the state budget bill, HB 2353, containing provisions for Community Enhancement Grants that the Secretary of State may award to charities, non-profit organizations and governmental agencies. The grants can be used for public safety activities, educational initiatives, cultural activities, or community development activities. (Tennessean, Chattanooga.com). However, an opinion issued by the state's Attorney General at the request of a legislator effectively eliminated the possibility of awarding such grants to churches. Opinion No. 07-94 said that it would be a violation of the Establishment Clause to give such grants to churches, or pervasively sectarian youth groups affiliated with churches, without specific instructions on how the funds are to be spent. However, it said, any attempt to monitor restrictions on use of grant funds might create a risk that the state would become excessively entangled with the day-to-day operations of these religious organizations, also an Establishment Clause violation. [Thanks to Blog from the Capital and to Jack Shattuck for the leads.]