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California church-restoration bill now headed to Bush’s desk

NewsABPnews  |  November 21, 2004

WASHINGTON (ABP) — Congress has sent President Bush a bill that would fund restoration of 21 historic church buildings in California.

Bush received the “California Missions Preservation Act” (H.R. 1446) Nov. 20 after the House passed it in final form Nov. 17. The Senate had already passed it. Bush is expected to sign the act into law.

The bill would provide grants to a foundation to conduct physical improvements to 21 historic Spanish colonial-era missions in California. Of the 21 churches, 19 are owned by the Roman Catholic Church and still house worshiping congregations.

Some supporters of church-state separation opposed the bill, despite the fact that it included a clause insisting that any grant provided to the missions under the bill be for a purpose that “is secular, does not promote religion, and seeks to protect qualities that are historically significant.”

But in floor debate on the bill, Rep. Bobby Scott (D-Va.) said that language wasn't sufficient to make it constitutional. “There is a clear line of Supreme Court cases that address government funding of improvement of real property for the direct benefit of buildings used for religious purposes including worship, sectarian service, or instruction,” he said.

Scott noted three Supreme Court opinions that “make it clear that no government funds may be used to construct, maintain, restore or make capital improvements to physical structures that are used as houses of worship, even if religious services are infrequent.”

But Rep. Sam Farr (D-Calif.) noted the funding would be used only to restore the missions for secular, historical purposes. “This is a private foundation separate from the church and raises money separately from the church, so we are trying to assure here there is no benefit to the church from the restoration efforts,” he said. “The missions are an important part of the state's cultural fabric and must be preserved as priceless historic monuments. They are a living link to our past.”

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