On the recordFebruary 13, 2013
I thank the gentleman for yielding. I rise in opposition to H.R. 592, the Federal Disaster Assistance Nonprofit Fairness Act of 2013, which would add ``houses of worship'' to the list of eligible entities that can receive direct government assistance from FEMA. While the devastation caused to many communities after Hurricane Sandy is severe, and while I empathize with the desire to assist all who have suffered severe losses, direct government funding for houses of worship, whether for building or rebuilding, remains unconstitutional. The establishment clause in the First Amendment protects religious freedom by preventing the government from endorsing and funding any one religion--or all religions. And while well intended, this bill would violate years of precedents interpreting the establishment clause. In Committee for Public Education v. Nyquist, a 1973 case which upheld the principles of Everson v. Board of Education, from 1947, the U.S. Supreme Court held that no taxpayer funds could be used for maintenance and repair of facilities in which religious activities take place, explaining: If the State may not erect buildings in which religious activities are to take place, it may not maintain such buildings or renovate them when they fall into disrepair. Accordingly, longstanding precedent specifically holds that taxpayer funds cannot go to construct, rebuild or repair buildings used for religious activities.…