Evidence strongly suggests that this funding violates the Establishment Clause of the United States Constitution.  Anticipating that your investigation will confirm our own, we request that you take the steps necessary to remedy this misuse of public funds.  If HHS does not satisfactily respond to these requests by the end of this month, the ACLU will consider all necessary and appropriate measures to remedy the situation, including legal action.

Aside from the use of federal funds set aside of abstinence-only-until-marriage programs -- now $176 million per year -- there are deeper frustrations with the contorted use of this funding.  

First, the government is doing virtually nothing to seek accountability and to assure that our dollars are not going to evangelical efforts; this is an outrage in itself, letting wolves roam through the henhouse freely until someone blasts a whistle on the top of a tower.  In this case, evidence of inappropriate use of the funds came directly from the government's file -- obtained by the ACLU via a freedom of information request.

Second, the groups getting these funds are overtly Christian evangelical organizations, in this case, crisis pregnancy centers founded as Christian ministries.  Since the funds are going to groups that are in a position to violate the separation of church and state, that alone demands a higher level of scrutiny. Grants to these organizations trip buzzers automatically and the government should have systems in place to demand not merely separation, but firewalls, high ones, with strong rules. The government should have detailed reviews of the files to assure compliance, and they should be conducted by inside and outside organizations and more than one person. There should be spot checks and site visits. And instant action against violators, including legal action as well as organizational and person penalties for violations. Those are the systems that we put in place when we care about preventing violations ... and HHS should show that it cares to stop missionary organizations from using federal funds for evangelism.

The third frustration is that, under the current state of the law, challenges generally can be brought only on a case-by-case basis when Establishment questions arise, limiting the ability of outside groups to take action. This appears to have left the door open for the wolves to enter. Demands for accountability is extremely difficult legally, but calls for systemic changes must become louder and more insistent.

In the "Stop and Think" case, the offending clauses arise in the contract between the developer of the program (a crisis pregnancy outfit in Oregon) to the program that is using it.

The contract, in addition to requiring that the presenter and supervisor have a relationship with Jesus, also demands that they possess knowledge of the Word of God, and the ability to communicate it's (sic) truth, and attend a Bible believing local church or fellowship.

The ACLU writes that the contract

"suggests that proselytization is an essential component of the Stop and Think program, and that the program contains religious or sectarian messages. The contract therefore calls into question the properity and legality of the continued funding by HHS ....

Not only is the group violating separation of church and state with its government funding, it is apparently discriminating against nonChristians, as well.

The "Stop and Think" program was developed by an Oregon group, the Eugene Pregnancy Center dba Lane Pregnancy Support Center.  Lane received Community Based Abstinence Education funds from September 30, 2005 running through to Sepatmeber 29, 2008, according to the ACLU.  The contract that the ACLU obtained by Freedom of Information requests is with the Northern Hills Pregnancy Care Center, located in Spearfish, South Dakota.  

The ACLU of Oregon also asked the Oregon Department of Human Services (DHS) to investigate evidence of misuse of taxpayer dollars.  Lane received Title V, Section 510 abstinence-only-until-marriange funding from the Oregon Department of Human Services, according to the ACLU.  

And, although not challenged by the ACLU in its initial requests, the Northern Hills program also receives state funding from South Dakota (home of the more famous Abstinence Clearinghouse, but don't let me get started on that.)

 Northern Hills, which also takes its Stop and Think to Wyoming, ran job advertisements for its program seeking "letters of Christian testimony," according to the ACLU.  The ACLU also raises questions about Northern Hills' possibly using federal funds for its "faith-based" purity balls.

A conservative publication praised the South Dakota group this way:

Northern Hills Pregnancy Care Center is an evangelical ministry in Spearfish catering to women and families dealing with unplanned pregnancies.

Local activists can take a cue from the ACLU and file requests to see the documents from abstinence-only education programs in their districts and their states.  Others have blatant religious messaging, including "The Silver Ring Thing" (see my post Ding Ding Ding to the Silver Ring Thing).

If the government won't demand accountability, citizens can use a little stop and think of their own.