Yesterday, attorneys argued over the question of whether the city of South Bend, Indiana should be able to transfer $1.2 million worth of property to a Catholic high school for use as an athletic field that the city will also be able to access for public use. Plaintiffs are asking the judge to halt the transfer for improperly funding a religious institution. Associated Press reports on the hearing:
Gavin Rose, an attorney for the American Civil Liberties Union of Indiana, told U.S. District Judge Robert Miller during the hour long hearing that by selling the land to St. Joseph's High School for $1 the city is giving substantial and direct aid to a religious institution, violating the First Amendment. He also said the move supports religious indoctrination because St. Joseph's High School will say prayers before games, a practice the U.S. Supreme Court has said is unconstitutional.
"There is absolutely no difference in giving them an athletic field where they can pray or giving them a chapel," Rose argued.
City Attorney Chuck Leone argued the transaction is constitutional because the city is receiving something of value in return because city schools and community organizations will be allowed to use the field and the neighboring parking lot and the school will enhance and revitalize the neighborhood and help with economic development.
