Faith-Based programs

Bush plan for religion-based charity raises a host of church-state issues

"Government money will help us do what Jesus has told us to do"

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by John Filiatreau, Presbyterian News Service

LOUISVILLE, Ky. -- 29-January-2001 -- President George W. Bush unveiled a plan yesterday to make as much as $24 billion available over the next 10 years to religious institutions that do charitable work.

Bush established a new White House office of religion-based community initiatives and ordered five Cabinet-level agencies to create similar entities to work with religious groups that serve needy Americans.

The administration calls the initiative the next step in welfare reform.

"Compassion is the work of a nation, not just a government," the president said. "Government will never be replaced by charities and community groups. Yet when we see social needs in America, my administration will look first to faith-based programs."

The Rev. Elenora Giddings Ivory, director of the Washington office in the National Ministries Division of the Presbyterian Church (USA), says denominational policy permits churches and church-related agencies to "take money directly from the government in cases of emergency need," but makes clear that, if such programs are to be permanent or ongoing, their management should be transferred to separately incorporated tax-exempt agencies.

"We still have to see what the total plan really is," Giddings Ivory said, referring to the Bush initiative. "This is really not entirely new. It's similar to the 'charitable-choice' provision of the 1996 welfare-reform legislation. ...

"Government money will help us do what Jesus has told us to do -- care for the sick and feed the hungry. ... But if a program takes government money, it has to obey federal laws and regulations," she added. "It can't discriminate in hiring, for example. But many churches would like to have control of who they hire."

Bush was an aggressive supporter of faith-based community services as governor of Texas. During the presidential campaign, federal aid to religious groups for social-service work was a linchpin of an approach to government that he called "compassionate conservatism." His opponent, Democrat Al Gore, also supported faith-based social services.

"A compassionate society is one which recognizes the great power of faith," the president said. "We in government must not fear faith-based programs. We must welcome faith-based programs."

Presidential aides acknowledged that Bush's initiative is likely to provoke a spirited debate over the constitutional separation of church and state. "Some people will raise church and state issues," Art Fleischer, the White House press secretary, told reporters. "The president is prepared to take that on."

Laura Murphy, director of the national office of the American Civil Liberties Union, was skeptical. "As a Christian, I was struck by the exclusionary tone of the inaugural services, which ended both the invocation and the benediction in Jesus Christ's name," she said. "What about all those millions of Americans who don't believe in Jesus Christ? To me, it was evidence of an administration not really committed to religious pluralism."

Barry W. Lynn, the executive director of Americans United for Separation of Church and State (and a minister in the United Church of Christ), told the New York Times: "George Bush does not understand the nature of either the church or the Constitution."

Lynn, who pointed out that churches "are by their very nature evangelical," said he can foresee a future in which "the Methodists are fighting with the Presbyterians who are fighting with the Unification Church over what percentage of government money will go to their church."

Phil Baum, executive director of the American Jewish Congress, said of the plan: "What it does is really interject religion into the affairs of government, and, soon, government in the affairs of religion. That's deeply troubling to us."

Bush's plan may meet less resistance in Congress, which in 1996 passed legislation allowing states to contract with religious groups to provide certain welfare services and receive grant money from the federal Department of Health and Human Services. Bush wants to extend that "charitable choice" privilege to other federal agencies.

Giddings Ivory said the PC(USA)'s policy on receiving public funds is expressed in the 1988 General Assembly policy, "God Alone is Lord of the Conscience," which says in part:

"Service ministries operated by or related to Presbyterian governing bodies, whether or not they receive public funds, should offer all services without restriction based on race, sex, religion, ethnic origin or sexual orientation, and should conform to requisite health and safety requirements and standards regarding licensing and personnel qualifications. When such programs are expected to continue for considerable time, placing them under the control of independent community-based bodies should be carefully considered."

National Council of Churches guidelines, written in 1967, say that churches may accept public funding "provided there are established safeguards." It said a service that received such money must meet a genuine community need; should be open and available to all; should be operated in conformity with accepted standards; should permit free exercise of religion by clientele and staff; and should normally be developed by separate health or social-welfare corporations. In addition, the NCC said that "the churches and agencies involved should be alert to the need which may arise for the discontinuance of such programs in the interest of the public good or the freedom of the church."

The guidelines say that such programs should be non-sectarian and should display no religious icons or messages, and that the religious organizations involved "should guard against all forms of proselytization of the beneficiaries of the government-funded benefits. In other words, services provided under the act cannot be religious in character."

The NCC guidelines further pointed out: "Although it is an unintended consequence of the law, government regulation will unavoidably follow government dollars. ... If religious programs are funded, the government will inevitably become entangled in the affairs of otherwise autonomous religious groups, thereby jeopardizing their religious liberty." They also noted that "if the government begins funding services traditionally funded by the church community, the natural result may be a drop in voluntary contributions by church members, making them dependent on government funds."

Giddings Ivory wrote in 1996 that the "charitable choice" provision raises a number of church-state questions: "Can our congregation afford the possible costs entailed in meeting what may be tighter health and safety standards? Will all staff positions be open to anyone who may apply? Might the display of religious symbols be seen as violating the civil rights of people who receive services from our programs? ... Will a congregation be obliged to check the immigration status of the people it serves?"

She quoted the 1982 GA: "While churches will always try to respond to human need, the church does not define its primary responsibility in or to society in terms of welfare service. ... It is a primary responsibility of government to provide for the protection and well-being of the members of society."

The president said recently that tax money "will never fund religion," and added that he will try to ensure that there is "a secular alternative available" for any government service provided by a religious group.

Bush picked John J. DiIulio Jr., a University of Pennsylvania political science professor, to head the new office, and former Indianapolis Mayor Stephen Goldsmith to head the Corporation for National Service, which will work with DiIulio's office. Bush said both men will report directly to him.