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Florida attorney general issues terse refusal to demand he rescind his view on religious funding

“Some Florida laws prohibit religious schools from accessing public funds, and we will not enforce unconstitutional laws,” James Uthmeier stated.

Gavel, Courtroom
Gavel on a courtroom table. Credit: Joe Gratz via Wikimedia Commons.

James Uthmeier, attorney general of Florida, issued a terse response to a demand that he either reconsider a legal opinion expanding access to public benefits for religious institutions or resign.

“Dear Mr. Line: No. Sincerely, James Uthmeier,” he wrote in an April 28 response to Christopher Line, legal counsel at Freedom From Religion Foundation.

The state attorney general argued in an April 2 memo that government entities can’t exclude religious organizations, including charter schools, from public programs, such as scholarships or grants, due to their religious status. He said that his office will not enforce or defend a law that violates “the right of religious people and entities to participate in public programs and benefits like everyone else.”

“Some Florida laws prohibit religious schools from accessing public funds, and we will not enforce unconstitutional laws,” he said.

The Freedom From Religion Foundation called on Uthmeier “to resign if he is unwilling to carry out his constitutional obligations.” It said earlier this month that the attorney general’s “attempt to justify directing taxpayer funds to religious charter schools fundamentally misrepresents recent Supreme Court decisions.”

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