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Suit Challenges Use of Vouchers for Drug Treatment
February 18, 2003

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News Summary

In a potential challenge to the Bush administration's faith-based initiative, a Wisconsin federal appeals court will determine whether the state Department of Corrections can use state-funded vouchers to send drug offenders to a religiously oriented outpatient-treatment facility, the Chicago Tribune reported Feb. 13.

"This is obviously going to be a precedent for federal contributions to various programs, including drug programs," said DePaul University law professor Rodney Blackman, who specializes in church-state issues.

The Freedom From Religion Foundation, a church-state separation group, brought the lawsuit against the state Corrections Department and Faith Works Milwaukee, a residential treatment program, after a U.S. District Court ruled that correction officials could fund vouchers for treatment at Faith Works because offenders chose the provider voluntarily after being made aware of its religious nature.

In court arguments, Richard Bolton, attorney for the Freedom From Religion Foundation, said that the Department of Corrections endorsed religion by referring people to Faith Works.

The appeals court will determine whether it is constitutional for the government to fund vouchers that can be used at a faith-based service provider, even though the First Amendment of the U.S. Constitution prohibits the state from endorsing religion.

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