WASHINGTON - After months of rhetorical jousting,
President Bush's faith-based initiative faces its first real political
test as Congress debates and votes on a bill seeking to implement the
plan.
If nothing else, Mr. Bush's initiative to expand
the partnership between the government and America's faith-based social
service institutions became a political Rorschach test, with many people
projecting their worst fears on the proposal.
Some warn of federal funds for religious
conversion classes while others decry the prospect of taxpayer-supported
employment discrimination. While the initiative raises many important
questions, they ought to be the subject of cool-headed discussion rather
than over-heated fear-mongering. Many of the concerns that have been
raised are answered by the pending legislation.
Opening federal social service grant programs to
previously excluded religious organizations is not a new initiative or
even an exclusively Republican one. President Clinton signed four bills
into law that allow religious social service providers to compete for
specified grant streams on equal terms with secular providers. The Bush
initiative seeks to expand this principle of equal participation for
religious groups to additional federal programs.
Existing "charitable choice" laws, and
the pending proposal, provide that government grant-makers cannot
red-line religiously run programs out of the funding pool on the sole
basis of their religious character.
The goal is simply equal treatment for church-run
soup kitchens alongside city-run soup kitchens. Importantly, while
charitable choice provisions permit religious agency participation in
government grant programs, they do not mandate it. Thus, any agency that
does not wish to observe whatever rules accompany the grant need not
apply.
Moreover, grantees must use the funds for the
purposes of the grant. Thus, an agency may not apply for funds to run a
job-training program and use the money for Bible study.
The agency must also separate the privately funded
religious portions of a program from the publicly funded secular
portions in time and place. This last point is an essential element in
answering one of the legitimate concerns raised by the initiative, the
prospect of government funding for religious activities.
The legislation provides two critical protections
for the rights of people seeking social services.
First, it insists that no one can be forced to
participate in religious programming, even when funded by private
dollars after hours. Second, any person eligible for social services but
unhappy with receiving them from a faith-based entity has the right to
demand an alternative program from the government. If one does not
exist, it must be provided to them.
The bill also preserves the status quo with regard
to the rights of faith-based organizations. While opponents assert that
it "turns back the clock on civil rights," it is they who are
trying to alter the status quo.
The Civil Rights Act of 1964 first provided that
religious organizations, while being bound by all other
anti-discrimination laws, may make hiring decisions on the basis of
religion.
This narrow exemption is, as a unanimous Supreme
Court ruled, necessitated by the Constitution's Free Exercise Clause. It
is also necessary to avoid the absurd prospect of a Catholic parish
being hauled into federal court for refusing to hire a Jew for its
pulpit.
Opponents assert that notwithstanding this
decades-old civil rights law, it ought not apply to a religious entity
receiving a federal grant. This would indeed "roll back" this
civil right and undermine the goals of the faith-based initiative as
well.
When the Supreme Court unanimously upheld the
constitutionality of the Civil Rights Act exemption in 1987, it was none
other than Justices William Brennan and Thurgood Marshall who emphasized
that religious organizations were entitled to this exemption because it
related to "the activities of a non-profit organization."
Whether a religious organization gets a government
grant does not alter its mission or non-profit nature. If the goal of
the faith-based initiative is to get organizations on the front lines of
America's social welfare challenges even more involved in addressing
these needs, demanding they secularize themselves or face lawsuits is
the surest way to have them reduce their involvement. This would be most
tragic for those in need who will not be served.
Much of the debate surrounding the faith-based
initiative has stayed on well-worn rhetorical tracks. Dead-end debates
about the separation of church and state are rehearsed, as are canards
about civil rights and the proper role of government.
What members of Congress are really faced with is
legislation that is sensitive to constitutional and civil rights while
trying to bring innovative methods to serving people in need. It
deserves careful consideration, and then robust support.