June 28, 2005

Protecting Church From State

Bob Krumm, soon to be added to my blogroll, has some suggestions for a post-Kelo amendment to the state constitution. It's pretty good. I'd add a provision that bars state or local governments from ever using eminent domain to seize any church, synagogue, mosque, temple or other religiously-affiliated property (such as a church-run school or charitable mission) for any reason.

The Kelo decision empowers government to seize property and give it to another owner solely to increase the government's tax revenue - the property does not have to be blighted and the project does not have to be for public use, such as a road, school or public facility. It only needs to be a project that will increase government tax revenues. In the new post-Kelo era, religiously-affiliated property is especially vulnerable as it is usually exempt from property taxes - any use of the property would, therefore, increase tax revenues.

An amendment to the constitution - state or federal - barring government from using eminent domain to seize religiously-affiliated property under any circumstances would be in keeping with the vision of religious freeom guaranteed by our country's Founding Fathers - and would be a powerful campaign weapon against any incubment who failed to vote for it.