AMERICAN CIVIL LIBERTIES UNION OF MA. v. Sebelius
821 F. Supp. 2d 474
D. Mass.2012Background
- Congress enacted the TVPA in 2000 to combat trafficking and expand services to US trafficking victims.
- HHS selected a general contractor for TVPA funds; USCCB and The Salvation Army submitted proposals.
- USCCB proposed a restriction preventing subcontractors from abortion or contraceptive services; RFP sent questions about this policy.
- HHS awarded the master TVPA contract to USCCB in April 2006; subcontractors included the abortion/contraception restriction.
- USCCB distributed subcontracts and manuals reflecting the restriction; staff time was restricted accordingly.
- ACLU sued in 2009 alleging Establishment Clause violation; contract extensions continued funding through 2011; mootness and standing issues followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing under Flast after Winn | ACLU has taxpayer standing to challenge TVPA expenditures. | Winn limits standing; no extraction and spending here. | ACLU has standing; Winn did not defeat it. |
| Mootness | Declaratory relief remains viable; ongoing risk of similar funding. | Contract ended; no future injury is guaranteed. | Not moot; declaratory relief available; potential future action remains possible. |
| Establishment Clause—Endorsement and Delegation | USCCB’s restriction endorsement violates neutrality and endorses religion. | Accommodation/neutral delegation does not amount to endorsement. | Endorsement analysis favors ACLU; delegation to USCCB unconstitutional. |
| Establishment Clause—Lemon and Entanglement | Restriction creates entanglement and nonneutral government action toward religion. | Policy serves secular TVPA purposes with permissible accommodation. | Lemon/entanglement concerns supported; violation found. |
Key Cases Cited
- Everson v. Bd. of Educ. of Ewing Twp., 330 U.S. 1 (Supreme Court, 1947) (wall of separation concept in Establishment Clause)
- Lemon v. Kurtzman, 403 U.S. 602 (Supreme Court, 1971) (three-prong test for neutrality toward religion)
- County of Allegheny v. ACLU, 492 U.S. 573 (Supreme Court, 1989) (endorsement analysis framework)
- Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290 (Supreme Court, 2000) (endorsement/ceremonial prayer context)
- Kiryas Joel Village School District v. Grumet, 512 U.S. 686 (Supreme Court, 1994) (neutrality toward religion; limits of accommodation)
- Bowen v. Kendrick, 487 U.S. 589 (Supreme Court, 1988) (upholding religious organization's eligibility under secular objective)
- Amos v. Corp. of Presiding Bishop, 483 U.S. 327 (Supreme Court, 1987) (accommodation of religious beliefs vs. endorsement)
- Larkin v. Grendel's Den, Inc., 459 U.S. 116 (Supreme Court, 1982) (delegation of sovereign powers to religious institutions violates Establishment Clause)
- Winn v. Arizona Christian School Tuition Organization, 131 S. Ct. 1436 (Supreme Court, 2011) (limits on taxpayer standing in tax-credit challenges)