Federal judge denies churches' request for disaster relief funding

A federal judge has ruled against three Texas churches seeking disaster relief funding from the Federal Emergency Management Agency (FEMA) to rebuild sanctuaries damaged during Hurricane Harvey.

U.S. District Judge Gray Miller has decided not to grant the churches' request for a preliminary injunction and a temporary restraining order that would relieve them from FEMA's exclusion policy, which denies disaster relief to organizations that use their facilities primarily for religious activities.

The churches — Harvest Family Church, Hi-Way Tabernacle and the Rockport First Assembly of God — sued FEMA in September, arguing that its policy against providing aid to faith-based organizations is unconstitutional.

Miller, however, stated in his order that he does not believe that FEMA's policy does not violate the Constitution's Free Exercise Clause, as the churches have claimed.

"Plaintiffs do not have to choose between being a church and receiving a government benefit because FEMA's funds are not contingent on plaintiffs' status as churches," the judge said.

"Rather, FEMA's funds are contingent on how plaintiffs plan to use the funds — here, rebuilding facilities used for religious activities," he added.

According to Courthouse News, nonprofits that provide religious services are eligible for FEMA aid only if more than 50 percent of their facilities are used for non-religious purposes.

The judge noted that FEMA not only denies emergency aid to organizations whose facilities are primarily used for religious activities, but also to groups with facilities that are used for "political, athletic, religious, recreational, vocational, or academic training, conferences, or similar activities."

Miller has not ruled on whether FEMA's policy is unconstitutional, but he denied the churches' emergency request, arguing that they have not shown that they are likely to succeed on the merits of their case.

Hi-Way Tabernacle argued that it was particularly unfair to deny emergency relief funding that is available to other nonprofits such as zoos and museums, noting that the church had served as a shelter for storm evacuees.

Washington Times reported that the three churches have filed an appeal to the Fifth U.S. Circuit Court of Appeals on Friday, seeking an emergency injunction of Miller's order to allow them to apply for FEMA aid on equal footing with other nonprofits.

"FEMA already left these devastated churches in the cold for Thanksgiving, and now it's trying to shut them out for Christmas. Enough is enough," said Eric Rassbach, deputy general counsel at Becket Fund for Religious Liberty, which is representing the three churches.

"A flooded building is a flooded building, whether it's a theater, a church, or a synagogue, and they should all be treated equally, every one," he added.