A civil lawsuit challenging the use of $5 million in West Virginia taxpayer funds for a Catholic trade school’s expansion is moving forward after a judge denied a motion to dismiss the case.
The lawsuit, brought by the American Civil Liberties Union of West Virginia (ACLU-WV) and the American Humanist Association, claims that the funding of the College of St. Joseph the Worker, a Catholic school based in Ohio, violates the West Virginia Constitution’s separation of church and state.
Kanawha County Circuit Judge Richard Lindsay ruled the case could proceed, allowing the ACLU-WV to argue that public money meant for water and infrastructure improvements is being used inappropriately to support a religious institution.
A Question of Religious Funding
The $5 million grant was awarded in October 2023 by the West Virginia Water Development Authority (WDA) through the state’s Economic Enhancement Grant Fund (EEGF).
The funding was intended to help the College of St. Joseph the Worker set up operations in Weirton, train apprentices, offer scholarships to West Virginia students, and open a branch campus in Kanawha or Putnam County.
All students at the college earn a Bachelor of Arts in Catholic Studies while also training in skilled trades like HVAC, plumbing, carpentry, masonry, and electrical work. The college promotes its program as a debt-free path to job readiness.
However, $1 million of the grant proposal was originally set aside for advocacy efforts, including $750,000 to establish a think tank called the “Center for the Common Good”, focused on conservative, pro-life policy in West Virginia. The WDA later restricted the use of funds to only workforce training.
The Legal Debate
The ACLU-WV filed the lawsuit in January 2024, naming the WDA and its director, Marie Prezioso, as defendants. They argue that public funding of a religious school violates Article III, Section 15 of the West Virginia Constitution, which prohibits forcing citizens to support religious institutions through taxes.
“Thousands of West Virginians lack clean water,” the ACLU-WV stated in a social media post. “Using infrastructure funds to support a religious mission is wholly inappropriate.”
In defense, the West Virginia Attorney General’s Office, representing the WDA, said the grant serves a secular purpose by addressing the state’s skilled labor shortage and boosting economic development.
Solicitor General Michael Williams argued that denying the grant based on religious affiliation would violate both the Establishment Clause and the Free Exercise Clause of the U.S. Constitution.
Arguments Continue
The ACLU-WV responded to the state’s April motion to dismiss by emphasizing the constitutional limits of even neutral funding programs. ACLU-WV attorney Aubrey Sparks wrote that public funds can’t be used for religious support, regardless of the program’s intent.
The state pushed back again in late May, claiming the ACLU-WV didn’t follow proper legal procedures and that their client lacks legal standing to sue.
Despite these arguments, Judge Lindsay’s decision means the case will now move into a full legal review.
The ACLU-WV is seeking a court order declaring the grant unconstitutional and blocking the state from releasing the funds to the college.
As the case continues, it raises broader questions about religious freedom, public funding, and the line between church and state in West Virginia.
