CHARLESTON – A Kanawha Circuit Court judge has ruled a $5.5 million grant from the West Virginia Water Development Authority to an Ohio Catholic institution violated the state Constitution.
Lindsay
Judge Richard Lindsay issued his ruling from the bench July 9, saying the state Constitution prohibits the use of public funds for religious education and advocacy.
The WDA had awarded Steubenville-based The College of St. Joseph the Worker the funds last year to expand operations into the state. To access the school’s trades education program, students must receive a degree in Catholic studies because that is the only degree conferred by the school.
The American Civil Liberties Union of West Virginia filed a lawsuit in January on behalf of the American Humanist Association to stop the grants from being used to fund the school’s religious ministry.
“We’re proud to have taken a stand on behalf of our members and are encouraged that the court held the line on this unconstitutional appropriation of funds,” AHA Legal Director Amitai Heller said. “The separation of church and state is a non-negotiable, and the West Virginia Water Development Authority had no business granting public infrastructure dollars to fund religious education and advocacy.
“Our members saw this blatant violation of church-state separation happening in their community and in concert with the ACLU of West Virginia, we acted. Public dollars should always serve the public good, and we will keep fighting in the courts to defend this principle as long as we need to.”
Lindsay gave the WDA 30 days to show evidence of its compliance with its constitutional obligations.
In October, the WDA approved the grant for the creation of a construction and real estate company headquartered in Weirton, as well as a new branch campus in the Kanawha Valley.
The school is based in Steubenville, Ohio. On its website, the school describes itself as “radically Catholic from top to bottom.” It explains its work, including its vocational work, as deeply and fundamentally Catholic, inseparable from the religious aspects of the college.
“Our goal is to produce faithful Christians who are virtuous citizens, intellectually formed, and capable of building up the church in their communities,” the site states.
The complaint said the West Virginia Water Development Authority was created by the Legislature to provide communities in West Virginia with financial assistance for the development of wastewater, water and economic infrastructure that will protect the streams of the state, improve drinking water quality, protect public health and encourage economic growth.
“The agency serves as a revenue bond bank that provides financing for construction of wastewater and water facilities to local governmental agencies,” the complaint states. “To accomplish its mission, the West Virginia Water Development Authority acts as the administrator and fiduciary of the West Virginia Infrastructure Fund.
“Using money from the Infrastructure Fund, the WDA buys local government bonds and makes grants to local governments and loans for economic development projects at the direction of the West Virginia Infrastructure and Jobs Development Council.”
According to the complaint, the school submitted a grant request to the WDA requesting funds through the Economic Enhancement Grant Program.
“In the college’s grant request, they sought $2,150,000 in funding to create a mission-driven, non-profit construction and real estate development company in West Virginia,” the complaint states. “They sought $1,650,000 in funding to support the education of their students and to increase enrollment and scholarships for West Virginian students. They requested $200,000 to extend a branch campus to the State of West Virginia and $1,000,000 in funds for advocacy projects.”
The complaint says the proposal was considered, and ultimately approved, despite it failing to identify which cabinet secretary issued the required grant recommendation. This portion of the grant application was instead left blank, the complaint states.
In its press release, the ACLU also cites news outlets that have reported Delegate Pat McGeehan (R-Hancock) and officials in former Gov. Jim Justice’s office advocated for the school to receive the grant. McGeehan submitted the school’s grant proposal to the water authority on behalf of its dean, Andrew Jones.
The Charleston Gazette-Mail previously reported McGeehan sent the college’s proposal to Brian Abraham, Justice’s chief of staff, with a link to the school’s registration with the West Virginia Secretary of State’s Office, citing a previous discussion with him and copying House of Delegates Speaker Roger Hanshaw (R-Clay) on the email.
McGeehan then sent a grant application completed by Jones to WDA Executive Director Maria Prezioso via email on October 4, according to the complaint.
“Despite the deficiencies in the school’s application and its manifest, explicit religious purpose, the College of St. Joseph the Worker was awarded a grant by the defendants which would allow them to expand their work, which they state is inherently and innately tied with their Catholic education, mission, and ministry,” the complaint states.
Kanawha Circuit Court case number 25-C-48
