DES MOINES, Iowa — The Catholic Diocese of Des Moines has concluded that it was legal for Polk County to grant $844,000 to nine area Catholic schools.
On Wednesday Bishop Richard Pates told The Des Moines Register there is “a legitimate question of legality” regarding publicly financed grants used to buy technology equipment for the nine Catholic schools and one Christian academy in 2012 and 2013.
Several Catholic school supporters had formed a new Iowa corporation called Education for the 21st Century to apply for and receive the county grants. The group is now defunct.
The diocese said Thursday that “providing this form of support that does not directly advance religion is entirely consistent with the law.”
“We agree completely with Polk County that the Community Development Grant was entirely legal and proper. The grant process was open and subject to scrutiny by legal experts,” the diocesan statement said.
“The County fully complied with Iowa law that prohibits the County from giving funds to an institution ‘under ecclesiastical or sectarian management or control.’ See Iowa Code Section 331.901 (5). The County meticulously complied with that statue which, in light of the United States Supreme Court’s 2017 decision Trinity Lutheran Church of Columbia, Inc. v. Comer, is clearly unconstitutional,” the statement continued.
The Trinity Lutheran decision said governments cannot discriminate against religious organizations when giving grants that similar, but non-religious, organizations can receive.
The diocese noted the county had shared gaming revenue with a number of public and private non-profit institutions that have demonstrated beneficial charitable and public purposes and said the Education for the 21st Century Foundation was such an institution.
“The Catholic Church did not manage or control the foundation that received the grant. The grant money was not used for religious purposes. It was used for purchasing learning technology that was provided to Christian and parochial schools,” the diocesan statement said.
“Catholic schools receive support for transportation or the purchase of text books that the state of Iowa provides to private schools. This is obviously in recognition of the fact that families choosing a religious education are taxpayers. Providing this form of support that does not directly advance religion is entirely consistent with the law,” — the statement continued — “In fact, as the U.S. Supreme Court has recognized, a law or policy that expressly discriminates against an otherwise eligible recipient and disqualifies them from a public benefit because of their religious character, is a clear violation of the United States Constitution.”
Iowa state officials have said they won’t challenge Polk County’s decision to provide the grants.
Crux staff contributed to this report.
