However, the foundation said the source of the funding does not matter.

“The Establishment Clause prohibits the city from funding religion, regardless of how the city acquired the funds,” Jayne wrote. “No matter how the government categorizes a grant, the city must abide by the First Amendment when it awards funds.”

Pacetti said Kenosha’s mini-grant program has been terminated because the city “wouldn’t feel proper” placing limits on the program which relies on private donations and fundraising.

“We stand by the fact that we don’t believe we did anything wrong, but out of a preponderance of caution, we’re just not going to do it anymore.”

He said any delay in email correspondence was not intentional.

“When we get emails like that, we refer them to legal. Whether or not it was up to their speed, I don’t know,” Pacetti said.

On Wednesday, Mayor John Antaramian said he was not familiar with the controversy, partly because he was not mayor at the time the grant was awarded.

“From my perspective, we are going to follow the law,” he said. “We are not going to violate it. Like it or not, we will abide by the law.”

A representative from St. Mark was not immediately available for comment.

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