Last week's House passage of President Bush's faith-based
initiative is a significant victory for the administration in its
embattled effort to broaden religious organizations' involvement in
providing social services. Two crucial pieces of the
bill-protecting religious charities' freedom to hire those who
share their beliefs, and allowing the voucherization of federal
funds-survived intact, the former after heated debate, the latter
largely unnoticed. But a third component, designed to encourage
individuals' charitable giving, was gutted.
The Community Solutions Act, passed by a vote of 233 to 198, would
greatly enlarge the stream of federal social-service dollars for
which religious charities can compete. It would cover more than 80
federal programs worth $53 billion a year, ranging from juvenile
delinquency to job training.
More important, it would change the rules by which government
support is awarded. The legislation would make it unlawful for
federal grantors to exclude groups from funding because of their
religious character-a common complaint from charity leaders. While
organizations like Lutheran Social Services and the Jewish
Federation have long received federal grants, they mostly have been
forced to keep their services free of religious influence. The
House bill would protect their right to control the "definition,
development, practice, and expression" of their religious
beliefs.
The bill's preservation of faith-based groups' right to hire staff
who share their religious mission proved the focus of controversy
in the House. For months, liberals such as Bobby Scott, senior
Democrat on the House Judiciary Committee, attacked this provision
as a reversal of anti-discrimination laws. But defenders point to
an exemption for religious groups under Title VII of the 1964 Civil
Rights Act, along with several court rulings that have upheld and
widened the protection. And it was written into the 1996
"charitable choice" law, which opened some anti-poverty funds to
religious charities without requiring them to hide their religious
character. "To bar a religious organization from hiring on a
religious basis is to assail the very animating cause for which the
organization was formed," says Carl Esbeck, who helped draft
charitable choice.
"This is like mother's milk to Catholic Charities," says Sharon
Daly, the agency's vice president for social policy. "I've never
seen a fight like this about whether religious agencies can hire
their own people. I'm appalled." Don Eberly, deputy director of the
White House Office of Faith-Based and Community Initiatives, calls
it "the bright line in the sand" for the president's
initiative.
Virtually all of the bill's supporters say they will walk if their
religious exemption disappears. The Senate may put them to the
test. Majority leader Tom Daschle, who may not schedule debate
before next year, told reporters, "I can't imagine that we could
pass any bill that would tolerate slipping back into a level of
tolerance that would be unacceptable in today's society."
How the Senate handles vouchers also bears watching. The House
bill would allow federal administrators to create a voucher option
wherever "feasible and efficient." This means that program funds,
instead of being awarded to service providers, could be given to
individuals eligible for assistance in the form of certificates
they would use to pay for secular or religious services of their
choosing. Faith-based groups accepting vouchers would be free to
integrate religion into their programs-no questions asked. There is
precedent for this. Since 1990, poor families have used federally
funded certificates to pay for day care at church-run facilities,
with no court challenges to slow them down.
Supporters see this as the sleeping giant of the initiative. The
reason: Vouchers divert decision-making power from Washington
bureaucrats to individuals in need, while shifting more
responsibility for the poor to states and grass-roots groups. The
House bill would give federal administrators discretion to convert
all or part of the $53 billion to vouchers.
The voucher option arose because of doubts about the bill's
ability to negotiate church-state landmines. Some religious
charities, wary of the rules that come with government grants, are
willing to consider vouchers. Shannon Royce, legislative counsel at
the Ethics and Religious Liberty Commission of the Southern Baptist
Convention-a denomination that historically has vigorously
championed church-state separation-thinks many ministries would
approve vouchers. Stephen Burger, executive director of the
Association of Gospel Rescue Missions, says his program directors
remain suspicious of direct federal assistance. But indirect aid is
another matter: "The voucher system is the answer," he says. "A
properly written voucher program would get some real
attention."
Liberals meanwhile accuse the Bush initiative of ushering in the
government establishment of religion. They argued in committee that
charities would trample the rights of program participants by
demanding they join religious activities in exchange for services.
Bill supporters tried to quell these fears with rules previously
approved by Congress under charitable choice: Whenever direct
grants are involved, individuals must be allowed to choose a
secular program. And religious activities-such as Bible
teaching, evangelism, and worship-must be funded privately.
But committee hardliners-including Scott, John Conyers, Barney
Frank, and Jerrold Nadler-weren't satisfied. So the bill further
stipulates that religious activities be "voluntary for the
individuals receiving services and offered separate from the
program funded." Clients who remain in faith-based programs can opt
out of activities they don't like. An aide to House conservatives
says they worried that too many organizations would bolt if an
opt-out provision remained without a voucher plan. Under current
law, organizations receiving indirect assistance-vouchers-need not
segregate their secular and religious services. The provision,
called "beneficiary choice," survived with virtually no Democratic
opposition.
That's good news for the president, especially since little
remains of another major feature of his initiative-incentives to
boost charitable giving. The legislation allows tax-free
contributions from individual retirement accounts, and establishes
liability protection for corporate donors to charities. But Bush
wanted taxpayers who don't itemize-about 70 percent of all
taxpayers-to be able to deduct their charitable contributions. The
White House had originally proposed that the charitable deduction
equal the amount of the standard deduction-$4,300 for single
returns, $7,350 for joint returns.
But the House Ways and Means Committee capped the deduction at $25
per person, $50 for joint filers-derisory sums, considering that
the average non-itemizer gives $328 a year to charities. While the
Bush plan would have cost $84 billion over 10 years, it was
expected to boost giving by $15 billion annually. The legislation
approved by the House would cost just $13.3 billion. No one expects
it to cause hardly a ripple in charitable donations.
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"