 A Kanawha County Court has ruled that the West Virginia Water Development Authority violated the state Constitution when it awarded a $5 million grant to an out-of-state Catholic institution.

Kanawha Circuit Court Judge Richard Lindsay ruled from the bench on the matter Wednesday in Charleston, saying that the West Virginia Constitution prohibits the use of public funds for religious education and advocacy. The College of St. Joseph the Worker, which is based in Steubenville, Ohio, was awarded the funds in 2024 to expand operations into the state. In order to access the school’s trades education program, students must receive a degree in Catholic studies because that is the only degree conferred by the school.

The American Civil Liberties Union of West Virginia (ACLU-WV) brought a lawsuit in January on behalf of the American Humanist Association (AHA) to stop the grants from being used to fund the school’s religious ministry.

The court gave the water authority 30 days to show evidence of its compliance with its constitutional obligations.

“We’re proud to have taken a stand on behalf of our members and are encouraged that the court held the line on this unconstitutional appropriation of funds,” said Amitai Heller, AHA legal director. “The separation of church and state is a non-negotiable, and the West Virginia Water Development Authority had no business granting public infrastructure dollars to fund religious education and advocacy. Our members saw this blatant violation of church-state separation happening in their community and in concert with the ACLU of West Virginia, we acted.

“Public dollars should always serve the public good, and we will keep fighting in the courts to defend this principle as long as we need to,” Heller continued.

VICTORY: Court rules grant to out-of-state Catholic Institution violates West Virginia Constitution