I want to let you know about an important - and disappointing - vote that's just occured in the U.S. Senate.

As you know, we supported an amendment put forward by Sen. Jim DeMint (R-SC) that would have invalidated language included in the stimulus measure that prohibits higher education facilities that accept federal stimulus funds from permitting religious groups and organizations from using those facilities. 

Tonight, the amendment failed.  Here's the final vote:  43 Senators voted in support of the amendment - 54 against. That means that the discriminatory language remains in the stimulus bill.

For a breakdown of the Senate vote, click here.

This is a very disappointing development.  What’s most troubling is the fact that a majority of the Senate supports a discriminatory provision that prohibits religious activity from taking place in college and university facilities nationwide that take federal stimulus funds.  If this language remains in the stimulus package that’s ultimately approved by Congress, we will challenge this provision in federal court by filing suit.  This provision has nothing to do with economic stimulus and everything to do with religious discrimination.

Just days ago, the ACLJ became aware that the stimulus package includes a measure that clearly spells out that grants awarded under Section 803 “shall be for the purpose of modernizing, renovating, and repairing institution of higher education facilities that are primarily used for instruction and research . . .”

That provision also includes this disturbing prohibition:

“PROHIBITED USES OF FUNDS. - No funds awarded under this section may be used for - (C) modernization, renovation, or repair of facilities - (i) used for sectarian instruction, religious worship, or a school or department of divinity; or (ii) in which a substantial portion of the functions of the facilities are subsumed in a religious mission.”

Under this provision, student groups would be barred from using facilities for worship or even Bible study if the school accepts the federal stimulus funds.

The fact is that unless this provision is removed from the final stimulus package, we'll be in federal court challenging this discriminatory measure.