Virginia high court OKs state bonds for religious college
By The Associated Press
11.07.00
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RICHMOND, Va. — The state can issue construction bonds for the
university founded by religious broadcaster Pat Robertson without violating the
constitutional separation of church and state, the Virginia Supreme Court has
ruled.
In a 5-2 ruling, the court agreed Nov. 3 with the Virginia College
Building Authority's claim that the bond issue is legal because no public money
would be spent and the state's credit would not be at stake.
"Because the bond proceeds are the funds of private investors, the
bond proceeds are not governmental aid received by the institution," wrote
Justice Donald W. Lemons. "No taxpayer dollars are transferred directly or
indirectly to a participating institution."
Although the tax-exempt bonds are not backed by the state, they have a
favorable interest rate that could save the university $30 million over the
30-year life of the loans.
Barry Lynn, executive director of Americans United for Separation of
Church and State, filed the lawsuit along with the American Civil Liberties
Union on behalf of a group of taxpayers challenging the $55 million bond issue.
The state Supreme Court reversed a July 1999 ruling by Richmond Circuit Judge
Randall Johnson, who declared that Regent is pervasively religious and
therefore ineligible for the bond program.
"This is a miserable decision — a serious blow to church-state
separation," Lynn said. "It guarantees the state can help Pat Robertson pass
the collection plate in the state of Virginia."
Bill Broaddus, a lawyer for the Virginia College Building Authority,
said he was pleased with the ruling.
"We are grateful because this will fulfill the will of the drafters of
the Virginia Constitution that Virginia College Building Authority aid be
extended to a broad range of institutions of higher education," he said.
Johnson had said Regent's admission and employment policies render the
university "pervasively sectarian," according to a standard set by the U.S.
Supreme Court in its 1973 decision Hunt v.
McNair.
Johnson cited faculty handbooks and employment and admission
applications that state the university's purpose as "glorifying God and his Son
Jesus Christ."
The state high court agreed that Regent is pervasively sectarian, but
said that did not bar its participation in the program.
The court did rule, however, that Regent's School of Divinity may not
use buildings financed by the bonds. The court said the Virginia Constitution
says the state cannot help facilities "provide religious training or
theological education."
Justice Lawrence L. Koontz Jr. wrote in a dissenting opinion that
Regent should be excluded from the bond program because religious training is
at the heart of its mission.
Previous
Agency asks Virginia high court to allow bond issue for Christian college
University founded by Pat Robertson has sought state assistance for construction.
09.24.99
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