[Vision2020] Article 9, Section 5 the State of Idaho Constitution

[DonaldH675 at aol.com]

Visionaries:
 
There are some interesting questions facing University of Idaho  
administrators and state officials, that Ms. Lund and I raised, have  an opinion on, but 
are not "officially" qualified to answer.
 
1.  We question why, in view of constitutional prohibitions, the  Trinity 
Festival is receiving such generous donations in goods, services, and  rental 
fees from the University of Idaho. The University of Idaho has a  published fee 
schedule for Kibbie Dome use.  They also have a  disclaimer which, in effect, 
means that rental fees are not written in stone - a  little pressure here, a 
big accommodation there,  heck that great  big bill can be whittled down to 
practically nothing in short  order.  (Sorry, I digressed.)
 
The published fee schedule for non-profit organizations (which was used,  for 
example, to bill the 2005  Shriner Circus), is $100/hr or $2,000 for  a 
twenty hour day.
 
Compare and contrast that charge with the four day, exclusive  use of the 
Kibbie Dome by the Trinity Festival whose total four  day rental feel was  $3,000 
 A problem? We think so.  Our  calculators keep getting $8,000 when we run 
the numbers.
 
A healthy $7,150.00 "donation" to the event (in addition to the rental  
break) was made possible by Conferences and Events which describes this  
transaction  as "50% off" on the Financial Estimate attached to the Trinity  Festival 
contract.
 
A problem? We think so.  And here is where the attorneys and  legislature, 
and frankly, citizens get to weight in.  The Idaho  Constitution Article 9, 
Section 5 is pretty clear on the point.
 
 
"SECTION 5.  SECTARIAN APPROPRIATIONS PROHIBITED.  Neither the legislature 
nor any county, city, town, township, school  district, or other public 
corporation, shall ever make any appropriation, or pay  from any public fund or moneys 
whatever, anything in aid of any church or  sectarian or religious society, 
or for any sectarian or religious purpose, or to  help support or sustain any 
school, academy, seminary, college, university or  other literary or scientific 
institution, controlled by any church, sectarian or  religious denomination 
whatsoever; nor shall any grant or donation of land,  money or other personal 
property ever be made by the state, or any such public  corporation, to any 
church or for any sectarian or religious purpose;  provided, however, that a 
health facilities authority, as specifically authorized  and empowered by law, may 
finance or refinance any private, not for profit,  health facilities owned or 
operated by any church or sectarian religious  society, through loans, 
leases, or other transactions."  (emphasis  added) 
_http://www3.state.id.us/cgi-bin/constretr?sctid=003090905.K_ 
(http://www3.state.id.us/cgi-bin/constretr?sctid=003090905.K) 
     
If the Trinity Festival is going to use the Kibbie Dome, or any other state  
owned property, they need to pay the full amount of the  published fee.  We 
don't want our tax dollars subsidizing  any religious gatherings, not Quakers, 
not Methodists, not  Roman Catholics, not Baptists, not any religious group,  
period,  the end!  This is a foundational, textbook example of the separation  
of church and state.  A new contract reflecting the standard  non-profit price 
of $2000/day is required.  It would compound the  responsibility of the UI if 
contractual errors of this magnitude are  allowed to go forward.  What answer 
will the University of Idaho give the  tax payers on this question?  We are 
eager to hear  it.   
 
(The Trinity Festival also has contracted to use the University of Idaho  
golf course, the SUB ballroom, and the Arboretum  We do not know if  "donations" 
are part of those contracts.  We hope not, but we intend  to find out.  
Saundra Lund and I requested copies of all contract between  the University of Idaho 
and the Trinity Festival, we have not received any  material regarding the 
Trinity Festival golf tournament, the Ball, or the  Arboretum event.)
 
On Sunday morning, August 7th, a worship service is scheduled in the Kibbie  
Dome.  The service includes the distribution of wine to faithful  members.  
This requires, according to Board of Regent's policy, an alcohol  permit.  The 
contract was signed in November, 2004.  We received the  records in March, 
2005.  The alcohol permit was not included in the records  we received.  Perhaps 
Christ Church applied and received such a permit,  perhaps not.  
 
The issue Ms. Lund and I find relevant is the serving of alcohol to  children 
on state owned property.  We firmly agree that within the confines  of a 
worship service, if the serving of wine is part of the ritual, the state  should 
not have the right to interfere.  However, when small children  are permitted 
or encouraged to drink wine on state owned property it raises  other concerns.  
We believe there is a question of competing  issues: state law forbids giving 
alcohol to minors.  State law also  protects religious freedom.  Would the 
University of Idaho overlook  violations of state law in the Kibbie Dome if 
those violations were part of  the religious rituals of the Santeria,  
Rastafarian, or Native  American religion (who use peyote in their worship)?  We doubt  
it.  
 
Communion wine distribution would not be an issue if the worship  service was 
held in Christ Church owned facilities.  Their constitutional  rights to 
religious freedom are rightfully protected under those  circumstances.  We urge 
the leaders of the Trinity Festival to consider  relocating the church service 
if the serving of alcohol to minors  is an important part of their communion 
service. 
 
Rose Huskey 
 
 
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