California Missions Preservation Act

Floor Speech

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Mr. SCOTT of Virginia. Mr. Speaker, I thank the gentlewoman for yielding me this time.

California's 21 missions, which run along a 600-mile stretch of highway from San Diego to Sonoma, are indeed historically significant and contribute tremendously to the rich historical, cultural, and architectural heritage of California and this country's westward growth. At the same time we strive to preserve these historical landmarks, we must also be careful to preserve religious liberty and honor the establishment clause of the first amendment of the Constitution.

Nineteen of the 21 missions that comprise California's historic mission trail are currently owned by the Roman Catholic Church; they operate as active parishes and hold regularly scheduled religious services. There is a clear line of Supreme Court cases that address government funding of improvement of real property for the direct benefit of buildings used for religious purposes including worship, sectarian service, or instruction.

Three Supreme Court decisions, Tilton v. Richardson in 1971, Hunt v. McNair in 1973, and Committee For Public Education v. Nyquist in 1973, make it clear that no government funds may be used to construct, maintain, restore, or make capital improvements to physical structures that are used as houses of worship, even if religious services are infrequent.

H.R. 1446 contains a provision which requires that the purpose of any grant under this act is secular, does not promote religion, and seeks to protect qualities that are historically significant. It is therefore clear that any grant or assistance provided under this act must also be consistent with the Supreme Court decisions in this area of the law.

Mr. Speaker, I am submitting for inclusion in the RECORD at this point a letter from Americans United for Separation of Church and State, which raises questions about the issue I have just raised.

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