Louisiana abstinence money blocked from religious groups

By The Associated Press

07.27.02

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NEW ORLEANS — Money from Louisiana's program to promote sexual abstinence among young people was used unconstitutionally to advance religion, a federal judge ruled yesterday.

U.S. District Judge G. Thomas Porteous Jr. ordered that the Governor's Program on Abstinence stop giving money to organizations or people that convey religious messages "or otherwise advance religion in any way in the course of any event supported in whole or in part by GPA funds."

His ruling came in a lawsuit filed by the American Civil Liberties Union.

Money for the governor's program comes from the federal government under an "abstinence-only" education program approved as part of 1996 welfare legislation.

Joe Cook, Louisiana ACLU director, said Porteous' ruling marked the first successful court challenge to a program funded under that federal program.

"It's a very well-reasoned, well-written ruling," Cook said.

Gov. Mike Foster said in a statement that he was reviewing legal options but would take immediate steps to assure the program complies with the law.

"I have always made it clear that the courts will not allow the use of state or federal funds to promote religion," said Foster, a Republican. "It's a sad day when such a worthwhile program is attacked by the very people who are supposed to protect the interests of the citizens of Louisiana."

In a June 18 hearing before Porteous, GPA director Dan Richey acknowledged that some community groups that took money from the organization used the money to promote religion.

But Richey and lawyers for the program said there was no need for a court order prohibiting such spending because the program had stopped funding those groups and continued to stress a secular message.

The ACLU lawsuit, filed in May, did not seek to end abstinence education in Louisiana, but did seek a judge's order prohibiting government money from being used to promote religion.

In addition to holding its own events to promote abstinence, the GPA has awarded more than $1 million to community groups seeking to promote the same message. Porteous said the GPA must install an oversight program to monitor the use of its money and provide written notification to any group it finds to be misusing the money.

Porteous' ruling included examples of blatantly religious references in GPA-funded material.

A theater group that received GPA money, "Just Say 'Whoa,"' puts on plays to encourage abstinence among high school students. One "Just Say 'Whoa"' character is named "Bible Guy" and states to other characters: "As Christians, our bodies belong to the Lord, not to us. God wants more for you than a one-night stand."

The GPA also awarded money to the Southwest Louisiana Area Health Education Center. In its grant application to GPA, the center requested $600 for awards and supplies that included "Christian music tapes, $750 for Bibles, and $11 for a book telling children Christianity can keep them out of gangs."

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Official concedes state abstinence program may have funded religion
But coordinator of Louisiana program says groups that promote religion no longer receive state funds, so there is no need for court order barring such spending.  06.19.02