Federal judge gives religious college go-ahead to seek state funds
By The Associated Press
08.21.00
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BALTIMORE — A federal judge has cleared the way for a
Seventh-day Adventist college to seek state funds, overruling state
officials' arguments that funding the Christian school violates the
separation of church and state.
Columbia Union College in Takoma Park has been fighting for a decade
to be included in Maryland's Sellinger Program, which provides direct
payments to public and private colleges in the state for nonreligious courses
and programs.
Under the 1976 U.S. Supreme Court decision in
Roemer v. Board of Public Works of
Maryland, it is unconstitutional to provide public subsidies to
institutions that are "pervasively sectarian" — too
religiously focused.
Although several Catholic institutions have participated in the grant
program, state officials said Columbia Union's programs were so suffused
with religion that the school did not qualify.
Maryland officials said they were considering an appeal of the Aug. 17
ruling by U.S. District Judge Marvin J. Garbis.
"The state is in no position to give direct state aid to an
institution ... that exists solely to promote the mission of the Seventh-day
Adventist Church," said Assistant Attorney General Pace McCokie.
"That's a violation of the First Amendment's establishment
clause."
Initially, Garbis ruled that Columbia Union was not eligible for state
funds because it was "pervasively sectarian." But the 4th U.S.
Circuit Court of Appeals ordered him to reconsider and provided a legal formula
for him to follow in weighing the college's eligibility.
Garbis rejected an argument by Columbia Union lawyers that the Supreme
Court, ruling last June in Mitchell v.
Helms, had overruled the 1976 decision.
In a 40-page opinion, Garbis said he decided to stick with the old
"sectarian" test.
Columbia Union "is controlled by the Seventh Day Adventist
Church with a faculty and student body selected so as to give preferences to
church members," Garbis wrote. "Nevertheless, the evidence does not
... establish that it is pervasively sectarian. The primary goal and function
of Columbia Union College is to provide a secular education even though it has
a definite and strong secondary goal to teach with a 'Christian
vision.' "
The case is believed to be the first to deal with state funding of
religious schools since the Supreme Court last June ruled 6 to 3 in
Mitchell v. Helms that Louisiana
parochial schools could use federal education funds to purchase computers. The
Maryland case has been closely watched because it involves direct payments to a
college rather than funds for equipment.
"What's encouraging is that the judge recognized our faith
commitment but said we should be treated equally with other Maryland
colleges," said Columbia Union President Randal R. Wiseby. The school
would be eligible for about $800,000 annually, equivalent to about 5% of its
budget.
Update
Federal appeals court OKs state funds for religious college
Judges find Maryland failed to prove Seventh-day Adventist college was pervasively sectarian and therefore ineligible for state grants.
06.27.01
Previous
High court won't hear appeal from religious school seeking state aid
Columbia Union College in Maryland sued state for denying it funds from a state aid program.
06.16.99
Related
Virginia judge blocks grant of state bonds to private Christian college
Regent University's religious mission puts school beyond reach of state-issued bonds for construction of new buildings, court finds.
08.04.99
