Toto
January 17, 2005, 05:11 PM
Marci Hamilton's column (http://writ.news.findlaw.com/hamilton/20050113.html)
One can only assume that the Department of Justice (DOJ) under [Gonzales] will be rather different than it has been under Attorney General John Ashcroft. And that is all to the good. But precisely how will it be different? One answer is that Gonzales is less likely to repeat Ashcroft's mistake of making it the primary mission of DOJ to aid religion, and religious institutions.
The Problem with Ashcroft's Tenure as A.G.: An Overemphasis on Aiding Religion
The fundamental problem, from my perspective, with John Ashcroft's tenure as Attorney General was that he had so little wisdom regarding religion and the federal government. Under our Constitution, government is supposed to exhibit a wholesome, and even benevolent, neutrality toward religion. But certainly, it is not supposed to make aiding religion its number one goal. Yet there were times, at the Ashcroft DOJ, where that seemed to be precisely what he intended.
. . .
The appearance of impropriety was increased when Ashcroft added a position within DOJ that would focus on religious issues. For the position, he chose Eric Treene - formerly of the conservative religious organization, the Becket Fund.
One key issue within Treene's area is enforcement of the Religious Land Use and Institutionalized Persons Act (RLUIPA). Interestingly, 75% of the RLUIPA cases in which DOJ is involved also involve Treene's former organization, the Becket Fund.
Interesting indeed.
DOJ, under Ashcroft, has been quite aggressive in enforcing RLUIPA. DOJ has intervened in numerous cases where the issue of RLUIPA's constitutionality has been raised, as it must. But it has also taken on a prosecutorial role -- investigating various cities for alleged discriminatory treatment of religious landowners. And its investigations have been especially burdensome -- demanding enormous quantities of the city's zoning records, copied at the city's expense.
One can only assume that the Department of Justice (DOJ) under [Gonzales] will be rather different than it has been under Attorney General John Ashcroft. And that is all to the good. But precisely how will it be different? One answer is that Gonzales is less likely to repeat Ashcroft's mistake of making it the primary mission of DOJ to aid religion, and religious institutions.
The Problem with Ashcroft's Tenure as A.G.: An Overemphasis on Aiding Religion
The fundamental problem, from my perspective, with John Ashcroft's tenure as Attorney General was that he had so little wisdom regarding religion and the federal government. Under our Constitution, government is supposed to exhibit a wholesome, and even benevolent, neutrality toward religion. But certainly, it is not supposed to make aiding religion its number one goal. Yet there were times, at the Ashcroft DOJ, where that seemed to be precisely what he intended.
. . .
The appearance of impropriety was increased when Ashcroft added a position within DOJ that would focus on religious issues. For the position, he chose Eric Treene - formerly of the conservative religious organization, the Becket Fund.
One key issue within Treene's area is enforcement of the Religious Land Use and Institutionalized Persons Act (RLUIPA). Interestingly, 75% of the RLUIPA cases in which DOJ is involved also involve Treene's former organization, the Becket Fund.
Interesting indeed.
DOJ, under Ashcroft, has been quite aggressive in enforcing RLUIPA. DOJ has intervened in numerous cases where the issue of RLUIPA's constitutionality has been raised, as it must. But it has also taken on a prosecutorial role -- investigating various cities for alleged discriminatory treatment of religious landowners. And its investigations have been especially burdensome -- demanding enormous quantities of the city's zoning records, copied at the city's expense.