DeMint Amendment Fails

Today the Senate is debating the economic stimulus bill (HR1) that came over from the House and voting on amendments. One was proposed by Senator DeMint (R South Carolina). HR1 contains the following language:

(3) PROHIBITED USES OF FUNDS.—No funds awarded under this section may be used for—

(A) the maintenance of systems, equipment, or facilities, including maintenance associated with any permissible uses of funds described in paragraph (1);

(B) modernization, renovation, or repair of stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public;

(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; or

(D) construction of new facilities.

Senator DeMint's amendment is to strike section (C) above, which makes it illegal to use stimulus money to fix up buildings used for religious activities. Note that if the religious use of the facility is not "substantial", stimulus funds may be used.

I listened to part of Senator DeMint's argument for his amendment on C-SPAN (perhaps doubling it's viewership). His main concern is that a person's right to exercise their religion, for example by praying or discussing religion in a public speech or offering an invocation before graduation, will be compromised should the place of this expression be an institution that received stimulus money. Are not the restrictions on stimulus spending simply restrictions on spending? Does anyone think that if the University of Texas receives stimulus money, then the Longhorns can no longer play football in their stadium because the stimulus money cannot be spent on the stadium?

DeMint also appeared to give an argument against his own amendment. He stated that the courts have held that religious groups have the same rights as non-religious groups, which might mean that the fellowship of christian athletes has the same right to use a meeting room as the coed rugby team. The stimulus bill does not change this.

The vote on the amendment was 43 ayes and 50 something nays, which looks like it followed party lines. If the Republicans in Exile are to come back, they first need to shed their theocratic tendencies.