Judge Roy Moore and Foundation for Moral Law Welcome Supreme Court's Decision Denying Taxpayer Standing to Atheist Group, But Note Flawed Reasoning

June 25, 2007

Judge Roy Moore and the Foundation for Moral Law agreed with the Supreme Court's 5-4 decision today in Hein v. Freedom From Religion Foundation denying taxpayer standing to an atheist group's challenge of the Bush administration's Office of Faith-Based Initiatives, but noted that the majority's opinion is based on flawed and unconstitutional reasoning rather than the Constitution itself. The Court's ruling prevented such anti-religious groups from being able to bring even more court challenges to expressions of religion by public officials, but failed to take the opportunity to completely halt these ridiculous lawsuits.

Judge Moore commented: "We're pleased that the High Court ruled consistently with our legal brief in this case that the Freedom From Religion Foundation and other atheist groups had no standing to challenge, among other things, statements of government officials about the importance of religion to our country."

As the Foundation argued in its amicus curiae brief filed in the Hein case, the exception invented in Flast v. Cohen (1968) for Establishment Clause plaintiffs to the rule that taxpayer status generally does not confer standing makes no legal or rational sense. The Establishment Clause of the First Amendment does not confer an individual right; rather it is a federalism provision designed to protect the states from federal interference with regard to religion. Because it is not an individual right, individuals should not be permitted to bring suits alleging Establishment Clause violations. Flast ignored this truth and should have been overruled in today's decision.

The Foundation for Moral Law, a national non-profit legal organization, is located in Montgomery, Alabama, and is dedicated to restoring the knowledge of God in law and government through two methods: Litigation relating to moral issues and religious liberty cases; and Education consisting of forums for the public and pastors' seminars.

For more information about the Foundation for Moral Law, please visit www.morallaw.org.