Judge says Texas churches are rightly being denied relief money from FEMA

Last week Judge Gray H. Miller ruled against the churches, in Harvest Family Church v. FEMA, writing, “Injunctive relief is an extraordinary remedy and requires Plaintiffs to make an unequivocal showing of their entitlement to relief. Because Plaintiffs do not show a substantial likelihood of success on the merits, the motions [are] DENIED.” This isn’t to say the churches had to show they needed actual relief the grant provided, but relief of the injunction — a demonstration they were being discriminated against — which Miller didn’t think they showed.

Eric Rassbach, deputy general counsel at Becket, a legal organization that defends religious liberties, said in a press release, “FEMA is turning into the Grinch Who Stole Christmas. By continuing to discriminate against churches, FEMA is sending the message that churches are not full members of the community, when they are in fact the beating heart of disaster recovery in Texas and elsewhere.”

FEMA’s Public Assistance Grant program is available to most non-profit organizations, like museums and zoos, save for religious institutions. The relief program helps organizations make basic structural repairs and begin rebuilding, a great help following disasters such as Hurricane Harvey. Strangely, FEMA has already admitted its discriminatory policy probably won’t stand up to the Supreme Court’s recent decision in Trinity Lutheran Church v. Comer. Yet so far, following Harvey, FEMA has refused to give houses of worship equal access to federal disaster aid grants.

Despite the inability to receive FEMA aid, these churches are still somehow helping their communities recover.

In the appeal, attorneys ask the Court of Appeals to give them emergency protection today.

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