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         March 29, 2010        

Illinois agency says they lack power
to deny $2.3 billion in challenged grants

The Illinois Department of Commerce and Economic Opportunity ("DCEO") has responded to the State Government Suggestion Award Board ("SGSAB") in regards to my challenge to the constitutionality of $2.3 billion in State grants, mostly to religious organizations.  The challenged grants would go primarily to houses of worship, parochial schools and religious ministries.

DCEO Director Warren Ribley sent this letter to SGSAB Chairman Senator Larry Bomke, in which Mr. Ribley said that "DECO does not have the power to disregard legislation duly enacted by the General Assembly.  However, DCEO will work with the proposed grantees identified in the legislation to ensure that the scopes of their projects are in accord with the capital bill and the Constitution."

The problem with DCEO ensuring that projects are in accord with the constitution is that State Government feels that they do not have to comply with restrictions in the Illinois Constitution that prohibit grants to religious organizations.  They have told me, on a number of occasions, that the standard which they use is whether a grant would be permitted under the US Constitution.  That standard, however, is as the Constitution was interpreted by the administration of George W. Bush, and we all know how it was the intention of Duh-bya to sabotage all of our constitutional rights, particularly the separation of state and church that is required by the First Amendment.

The Illinois Constitution has a much stricter set of standards, as articulated in Article I, Section 3, and Article X, Section 3, of the Illinois Constitution.

Under the federal constitution, as interpreted by Bush, grants could be made to churches and parochial schools if the money was for any purpose other than things directly associated with religious activity.  Permitted uses of grants, under Bush, included such things as security or computers.

The Illinois Constitution, at Article X, Section 3, says, among other things and in pertinent part, that no "grant or donation of land, money or other personal property shall ever be made by the State to any church," and "Neither the General Assembly, nor any [other unit of government] shall ever make any appropriation or pay from any public fund, anything in aid of any church, or to help sustain or support any school [that is] controlled by any church or sectarian denomination."

In addition, the Illinois Constitution, at Article I, Section 3, says, among other things and in pertinent part, that "No person shall be required to support any ministry or place of worship against his consent, nor shall any preference be given by law to any religious denomination or mode of worship."

So, how does the Illinois General Assembly and the rest of State Government get around those provisions of the State Constitution?  They ignore it.  They pretend that it doesn't exist.  Instead, they apply the much looser federal standards.  How convenient.

That's what they did when they authorized a grant of $1 million for the rebuilding of Pilgrim Baptist Church.  Then I went to court and stopped it.

It is worth noting that Mr. Ribley, who has been DCEO Director for the past 13 months, was the DCEO Director of Operations when the grant to Pilgrim Baptist was approved.  He now assures that DCEO will ensure that the projects that I challenged will be in accord with the constitution.  Based on the Pilgrim Baptist grant that was approved while he was DCEO Director of Operations, I'm not convinced that his assurance is sufficient to solve the problem.

Looks like I'll have to go to court, again.  Right now, the legal team for Illinois Speaker of the House of Representatives Michael Madigan is also reviewing my challenges to the constitutionality of the grants.  They've promised to have their response to me next month.  If they don't come up with a plan that is acceptable to me, then it's back to court.

Stop me before I sue again, Speaker Madigan.

Thank you to the Daily Herald for their coverage of my efforts on this issue.  They ran a story, last week, entitled Buffalo Grove atheist fighting state construction spending.

Maybe, this time, readers of Rob Sherman News will support my efforts and help me out with the cost of the litigation, unless you think that I, alone, should bear the entire cost, in the thousands of dollars, of saving you taxpayers $2.3 billion dollars of your money.

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