That answers that

When writing earlier about the bill allowing churches to endorse candidates, I deleted part of the entry on Bush's faith based initiave program. I was going to wonder if groups could sue over excutive orders not passed by Congress. Turns out they can.

A group brought a lawsuit on Thursday against the Bush administration over the president's religion-based initiative, alleging that the program illegally favors religious organizations for federal contracts.

(snip)

The suit cites various agencies with offices set up to help religious groups apply for grants.

The lawsuit asks a judge to bar the use of taxpayer money for religion-based endeavors and require new rules to bar financing of social service organizations that include religion as an integral component of their services.