President Bush's plan to expand the role of religious charities
in providing social services got a boost with the passage of House
legislation in July endorsing much of his agenda. But it faces a
ferocious battle in the Senate, where Democrats are objecting to
provisions allowing faith-based groups to hire only those who share
their religious beliefs.
The House legislation would make it unlawful for federal grantors
to bar providers from public funding because of their religious
character. That could allow religious agencies to participate in
programs together worth about $53 billion, ranging from juvenile
delinquency to job training. Senator Rick Santorum, a Republican
from Pennsylvania, is expected to introduce a bill in a few weeks
that will embrace most of the House provisions.
The plan's supporters want language guaranteeing faith-based
organizations control over employment decisions; it is an agency's
staff, they argue, that embodies its mission and values. But Senate
Democrat Joseph Lieberman-ostensibly a supporter of the president's
initiative-accuses Republicans of trying to overturn laws banning
discrimination in hiring based on sexual orientation. He threatens
to write his own legislation, while Senate majority leader Tom
Daschle says a vote on the measure may be postponed until next
year.
The stakes are indeed high. The president considers his
faith-based initiative the crown jewel of his domestic agenda. But
his plan might collapse if he approves a bill forcing the nation's
good Samaritans to secularize themselves in exchange for federal
money. "The success of the faith-based initiative is on the table,"
says Greg Baylor of the Christian Legal Society, "and it turns on
this issue of religious autonomy."
Democrats, however, might lose by winning. If they abridge the
rights of church-based ministries or quash the legislation
altogether, they could confirm the perception of their party as a
haven for anti-religious activists. Warns Georgia Democrat Zell
Miller: "If this bill is defeated, if the Senate Democrats are
responsible for stopping it, I think it would go a long way toward
turning that perception into reality."
Santorum will model his bill on the 1996 "charitable choice" law,
which allows charities receiving federal grants to control the
"definition, development, practice and expression" of their
religious beliefs. The House bill eased church-state concerns with
its carefully crafted protections for people in faith-based
programs and prohibitions against government-funded religion. But
it stirred a fierce debate by allowing organizations to use
religion as a factor for employment.
Federal civil rights legislation-though banning discrimination on
many grounds, including race, sex, national origin, and
religion-has always carved out exemptions for religious groups.
Title VII of the 1964 Civil Rights Act, for example, permits
faith-based institutions to use religion as a criterion in hiring.
Congress passed, and President Clinton signed, four laws containing
this Title VII provision.
John Bridgeland, director of the White House Domestic Policy
Council, calls the federal exemption "a protected civil right." To
supporters of the president's plan, from Catholic Charities U.S.A.
to the Southern Baptist Convention, it is non-negotiable. Warns
Rep. Joe Pitts, another Pennsylvania Republican, who helped guide
passage of the House bill: "Anything less than maintaining current
civil rights protections for religious employers is really not
worth passing."
Opponents say government must not endorse any form of
discrimination; religious groups getting public money should play
by the same rules as secular providers. And those rules are
multiplying rapidly: In recent years, states and localities have
passed hundreds of ordinances to ban discrimination in hiring based
on sexual orientation-without necessarily exempting religious
agencies.
These ordinances are becoming a federal issue because federal
grants get mixed in with state and local money, raising questions
about which anti-discrimination laws apply. House Republicans saw
to it that under their bill, federal law would preempt local
anti-discrimination statutes when federal money flowed to
faith-based groups. A coalition of congressmen and conservative
groups warned the White House in August they would "strongly
oppose" a measure without such protection.
Lieberman, joined by numerous civil rights groups, insists this
preemption language be dropped. He accuses the Bush administration
of being "out of step with the core values of most Americans" by
preparing to "throw out fundamental civil rights protections." He's
not likely to back down: In July he introduced the Employment
Non-Discrimination Act to ban discrimination in hiring based on
sexual orientation. The bill is already under fire for offering
insufficient protections to religious organizations.
Indeed, it is beginning to look as though Lieberman and his
liberal allies may be the ones drifting from the political
mainstream. Members of his own party argue that although Americans
frown on discrimination, most view the independence of religious
groups as sacrosanct. Democrat Tony Hall, for example, cosponsored
the House faith-based bill and fought to keep the employment
protection for religious charities. Zell Miller worries that
partisan posturing threatens to block inclusion of faith-based
organizations in public efforts to help the poor. "It was a good
idea when Democrats were proposing it," said Miller in a
dear-colleague letter, "and it is still a good idea now that
President Bush is proposing it."
Others agree. Former Democratic congressman Andrew Young-a
confidant of the Rev. Martin Luther King Jr.-calls the contested
civil rights provisions "virtually identical" to those already
approved by Democrats. "No force in our society has served more
effectively than our nation's many and varied traditions of faith,"
he wrote recently in the Wall Street Journal. "They should not be
locked out of applying for government funding."
Such criticism hints at a deeper problem for Democrats. Senator
Evan Bayh, the Indiana Democrat who currently heads the centrist
Democratic Leadership Council, says his colleagues' indifference to
religious concerns is making churchgoers uncomfortable in their
party. "Many middle-class Americans wonder if Democrats are
condescending, cultural elitists who can't relate to people like
them," he told a recent DLC gathering. "We have a credibility
problem when it comes to values."
Bush badly wants a bill to keep his initiative alive, but
conservatives say he will have his own credibility problems if he
signs legislation that leaves faith-based groups vulnerable to the
secular state. Is there a clean compromise in sight?
There is talk of introducing a minimalist version of the
charitable choice law, retaining the federal hiring protection for
religious organizations but leaving unsettled the issue of local
anti-discrimination rules. Forces on both sides will find reasons
to dislike it.
Joseph Loconte is the William E. Simon Fellow in Religion and a Free Society at the Heritage Foundation and editor of the forthcoming book, The End of Illusions: America's Churches and Hitler's Gathering Storm.
First appeared in "The Weekly Standard"