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Freedom From Religion Foundation, Incorporated, Anne Gaylor, Annie Laurie Gaylor and Dan Barker v. Mark D. Bugher, Secretary of the Wisconsin Department of Administration and Member of the Teach Wisconsin Board, John T. Benson, Superintendent of Public Instruction and Member of the Teach Wisconsin Board, Raymond Allen, Gus Wirth, Jr., L. Anne Reid, Jonathan Barry, James M. Bowen, Rodney G. Pasch, and Darylann Whitemarsh, Members of the Teach Wisconsin Board

Citations: 249 F.3d 606; 2001 U.S. App. LEXIS 7881Docket: 99-2850

Court: Court of Appeals for the Seventh Circuit; April 27, 2001; Federal Appellate Court

Narrative Opinion Summary

The case involves Freedom From Religion Foundation, Inc., and individual plaintiffs who filed a lawsuit against Wisconsin state officials challenging a state educational program that subsidized telecommunications access for schools, including religious institutions. The plaintiffs argued that the program's unrestricted cash grants to sectarian schools violated the Establishment Clause. The U.S. District Court found the program constitutional except for the grant provision to religious schools, which it deemed unconstitutional. The defendants appealed, but the plaintiffs' cross-appeal was dismissed after the Supreme Court's decision in Mitchell v. Helms. The Seventh Circuit affirmed the district court's decision. The court applied the Lemon test to determine whether the program's primary effect was to advance religion, concluding that unrestricted grants facilitated governmental indoctrination. Taxpayer plaintiffs had standing as their tax dollars were linked to the program. Ultimately, the court held that the Wisconsin program provided an impermissible subsidy to religious schools and affirmed the district court's summary judgment in favor of the plaintiffs.

Legal Issues Addressed

Establishment Clause and Unrestricted Cash Grants

Application: The court determined that unrestricted cash grants to sectarian schools violated the Establishment Clause as they could be used to advance religion.

Reasoning: Ultimately, regardless of the sectarian nature of schools, states are prohibited from making unrestricted cash payments to religious institutions, as established in Tilton v. Richardson.

Lemon Test Application

Application: The court applied the Lemon test, focusing on whether the cash grants had the primary effect of advancing religion.

Reasoning: Plaintiffs acknowledge that the TEACH program serves a secular purpose of promoting telecommunications education in schools and does not lead to excessive governmental entanglement with religion.

Prohibition of Direct Aid to Religious Institutions

Application: The court reaffirmed the prohibition of direct aid to religious institutions unless strict prohibitions on sectarian use are in place.

Reasoning: Without a mechanism to ensure public funds are used solely for secular purposes, direct aid remains invalid.

Review of Summary Judgment

Application: The appellate court reviewed the district court's grant of summary judgment de novo, affirming the decision as there were no genuine issues of material fact.

Reasoning: The decision of the district court to grant summary judgment is reviewed de novo, meaning the appellate court examines the case without deference to the lower court's conclusions.

Standing of Taxpayer Plaintiffs

Application: The plaintiffs, as taxpayers, demonstrated standing by showing their tax contributions were linked to an unconstitutional program.

Reasoning: In this case, taxpayers have sufficiently shown standing by linking their tax contributions to an allegedly unconstitutional program that provides cash grants to religious schools.