CHARLESTON – The American Civil Liberties Union of West Virginia has asked a judge to stop the state Water Development Authority from sending $5 million to an out-of-state Catholic organization.
The ACLU filed the lawsuit January 13 in Kanawha Circuit Court on behalf of the American Humanist Association against the authority and Marie Prezioso, its executive director.
In October, the WDA approved the $5 million grant to the College of Saint Joseph the Worker 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 says 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 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.
ACLU-WV Legal Director Aubrey Sparks said the school shouldn’t be seeking state money for its mission.
“Tens of thousands of West Virginians wonder every day where they will get clean drinking water,” ACLU-WV Legal Director Aubrey Sparks said in a press release. “The College of Saint Joseph the Worker has every right to exist and to educate its students in line with its religious worldview, but to force the taxpayers of West Virginia to fund its mission is wholly inappropriate and unconstitutional.”
The American Humanist Association is a non-profit organization that advocates and supports the practice of humanism, a progressive philosophy of life that, without theism or other supernatural beliefs, affirms our ability and responsibility to lead ethical lives of personal fulfillment that aspire to the greater good.
“We’re proud to take a stand on behalf of our members in West Virginia, because no one should have to pay taxes to fund someone else's religion,” AHA Executive Director Fish Stark said in a press release. “Humanists believe deeply in the freedom of conscience, and this attempt to force West Virginia taxpayers to fund religious activity is an offense against the Constitution and common sense.
“As a former West Virginia resident, I believe 'Mountaineers Are Always Free' means your faith is your business – no one else, and certainly not the government, has the right to push it on you.”
The complaint accuses the defendants of violating the Establishment Clause of the state constitution, and it seeks an injunction requiring the defendants to comply with their constitutional obligations. The AHA also seeks court costs, attorney fees and other relief.
Sparks is listed on the complaint as representing the AHA. The case has been assigned to Circuit Judge Richard D. Lindsay.
Kanawha Circuit Court case number 25-C-48