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eNews for Faith-Based Organizations
April 19, 2011

Editor: Stanley Carlson-Thies
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In this issue
ENDA Reintroduced in Congress
One Church = $6,090,032 Economic Value for the Community
Illinois and Adoption Agencies: Who Is Restricting Whom?
Forced Religion - Or Forced Secularism?
Take the Money And Lose Internal Control?
Partnering with the White House Agenda
Take Note
Worth Reading
IRFA Needs Your Help
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An archive of current and past eNews for FBOs can be accessed HERE.

ENDA Reintroduced in Congress

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Rep. Barney Frank (D-MA) and Sen. Jeff Merkley (D-OR) have reintroduced the Employment Non-Discrimination Act into the House (H. 1397) and Senate (S. 811) respectively (the language of the Senate bill isn't yet posted on Thomas.gov).  Like the ENDA bills introduced in the last Congress, these bills aim to protect employees against job discrimination based on their sexual orientation or gender identity (being transgendered). There are 123 cosponsors in the House and 39 in the Senate, but given the composition of this Congress, no doubt the bills will go nowhere.

The House bill includes the same exemption for religious organizations offered in the last Congress:  any religious organization free under the Title VII religious exemption (1964 Civil Rights Act) to consider religion in making hiring decisions is not subject to ENDA's requirements.  This broad organizational exemption dates back to 2007, when it was amended into that year's House ENDA bill by a co-sponsor, after extensive protests by religious freedom advocates and faith-based organizations against the narrow religious exemptions first offered. 

Yet the broad organizational exemption is not sufficient to protect religious freedom.  It does not protect secular organizations that on grounds of conscience or customer relations desire a staff that fits traditional sexual morality.  It probably does not cover faith-based businesses (because courts have generally held that nonprofit status is important if an organization is to be considered a religious entity). 

And its protection of even the exempted religious organizations, such as faith-based charities and schools, is too weak.  Without additional language, activist judges might well decide that, despite the exemption, the government's interest in prohibiting sexual orientation discrimination outweighs its obligation to protect religious freedom, allowing government officials to second-guess the employment decisions of faith-based organizations.  And even if judges and government officials uphold the freedom of the organizations not to hire persons engaged in homosexual or transgender conduct, they might still decide to penalize the "discriminatory" organizations by withholding from them government grants, tax-exempt status, or other government benefits.  Non-retaliatory language ought to be added to the bill.  And the bill should acknowledge that some secular organizations might legitimately desire to hire a non-gay person (e.g., a marriage counselor to work with orthodox Jewish couples) or, for that matter, specifically gay persons (an establishment catering to a gay crowd). 

For a careful analysis of ENDA's religious exemption, with a proposal for making the bill less damaging to religious freedom, see Steven Aden and Stanley Carlson-Thies, "Catch or Release?  The Employment Non-Discrimination Act's Exemption for Religious Organizations," Engage 11, no. 2 (Sept. 2010).
One Church = $6,090,032 Economic Value For the Community
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Prof. Ram Cnaan (social work, Univ. of Pennsylvania) and Partners for Sacred Places have extended their research into the positive economic impact of city churches, seeking to measure for a dozen Philadelphia churches both the value of services offered (volunteer hours worked, free or discounted rent provided to other groups, etc.) and the value of outcomes (divorces prevented, jail time avoided, etc.).  The average?  Over $4,000,000 annually!  The $6 million noted above is the calculated value added just by First Baptist Church. 

More information:
"Spotlight:  What's a Congregation Worth?Christianity Today (April 2011).

David O'Reilly, "A study asks: What's a church's economic worth?" Philadelphia Inquirer (Feb. 1, 2011). 

Partners for Sacred Places website.
Illinois and Adoption Agencies:  Who Is Restricting Whom?
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Last week a Illinois Senate committee killed a bill to ensure that faith-based agencies in the state will be able to maintain their adoption and foster-care services when the new civil-unions law comes into effect, with its requirement that partners in a civil union be treated the same as married spouses.  The civil-unions change isn't even law until June, but already activists, reporters, and state officials have been probing the practices of faith-based agencies, many of which have a policy of placing children with married mother-father families. 

Some opponents of the Illinois bill claimed that its passage would allow "religious child welfare and adoption agencies to bar adoptions and foster care by gay parents."  But that's nonsense.  Illinois law permits gay individuals and couples to adopt or become foster parents, and faith-based agencies can't stop them.  In fact, Rick Garcia, then public policy director at Equality Illinois, was quoted as saying, "Illinois is one of the best places in the country for same-sex couples to be able to adopt."

On the other hand, forbidding religious agencies from exercising their faith-based conviction that children--including adoptive and foster kids--deserve a married father and mother will drive many of those agencies out of the field.  It has happened, with extensive media coverage, in both Boston and Washington DC, where the local Catholic Charities agencies decided they had to abandon adoption and foster care services to avoid violating their religious convictions.

But this actual discriminatory consequence was breezily dismissed in Illinois.  One activist said that it was a mere "bluff" that Catholic Charities agencies in Illinois would be forced to stop adoption services.  And if turned out not to be a mere bluff?  "[F]ine.  Let them get out of the child welfare business . . . Some people have said we have to stop antagonizing faith-based organizations and to that I say a resounding, 'Bullshit.'"  The activist?  Rick Garcia. 
Forced Religion -- Or Forced Secularism?
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Americans United for Separation of Church and State is cheering on a lawsuit against the Boise Rescue Mission, alleging that BRM tried to forcibly convert a woman to Christianity.  The case is Intermountain Fair Housing, et al., v. Boise Rescue Mission, et al.  The rescue mission was vindicated in trial court a year ago and now the case is awaiting a decision by the Ninth Circuit federal appeals court.  BRM receives no government funds to provide its services.

BRM's attorneys at the Becket Fund point out, in their brief to the Ninth Circuit, that the lawsuit seeks to punish the rescue mission for doing a good deed.  BRM does operate a Christian discipleship program and it did accept Janene Cowles into the no-charge program, when a judge told her she either had to get such help or stay in jail.  And it did ask Cowles to leave after it became clear that she was not accepting the religious requirements of the program. 

But the rescue mission did not try to coerce Cowles into converting to Christianity.  It wasn't BRM's policy that a return to jail was the only alternative to sticking with the program. When Cowles said the discipleship program wasn't for her, BRM asked her attorney to get her into a program that would "best suit her beliefs and needs," the Becket brief says.  And, at Cowles' request, BRM wrote to the judge, asking that she be "given an opportunity to complete a program that is not faith-based."  The judge subsequently modified the conditions of her probation so that she could attend a non-religious program.

Americans United alleges that the rescue mission essentially became a "state actor" by accepting into its program a person sent by the judge's command and, as a such, could not constitutionally maintain the participation and conversion requirements of its discipleship program.  But it would be perverse if the courts interpret the First Amendment and federal and state laws to require privately funded faith-based organizations to secularize their programs if they agree to give free services to persons referred by the courts. 
Take the Money And Lose Internal Control?
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If a faith-based organization accepts government funds to provide services, must its change its internal election process to match secular standards?  An April 15th New York Times blog post details a controversy within a Brooklyn Hasidic community.  The Crown Heights Jewish Community Council receives extensive government funding to provide social services.  The Council also has a religiously based restrictive policy on who can vote for its leadership--no women, for instance, and also no non-observant Jews, and no bachelors (unless they are at least 30 years old). 

Now a community resident is challenging that restrictive policy, alleging that it is unconstitutional because the Council provides government-funded services.   Eliyahu Federman worries that, with women excluded from voting, the Council may be insensitive to the needs of  widows and divorcees (although the story does not record any allegations of actual wrongful decisions).

However laudable Federman's concern, his remedy is draconian:  government officials defining the acceptable internal leadership processes of religious organizations.  Fortunately, the Obama administration has maintained the Bush administration's view on this (which also goes back to the Charitable Choice laws that President Clinton signed):  a faith-based organization that receives federal funds "retain[s] its independence," can take part in the federally funded program "without impairing [its] independence, autonomy, . . . or religious character," and may continue to "select its board members on a religious basis."  (President Obama, Executive Order 13559, Nov. 19, 2010.)
Partnering with the White House Agenda
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The stated purpose of the Obama faith-based initiative is "to build bridges between the federal government and nonprofit organizations, both secular and faith-based, to better serve Americans in need."  The Executive Order refounding the White House faith-based office spoke of assisting faith-based and secular organizations to "deliver services effectively" in partnership with government.  Indeed, there has been a continuation of work from the previous administration to build the service capacity of grassroots organizations, to clarify and reform federal policies affecting religious charities that receive federal funds, to consider how government programs can best support and coordinate with secular and religious private organizations.

But there is a strong impulse in this administration to enlist faith-based organizations in support of the White House's broader policy agenda.  The Bush administration began a number of new programs that reflected the President's policy views--for example, the program to engage volunteer mentors for the children of prisoners, and PEPFAR, the large program to fight HIV-AIDS in Africa--and then invited faith-based and secular organizations to help carry out those programs.  The invitation was to become grantees in specific programs of service. 

The Obama administration, on the other hand, keeps inviting faith-based groups to become its allies to promote various policy goals, to become its allies in political ideology.  The latest example:  yesterday the Environmental Protection Agency opened its Faith-Based and Neighborhood Partnerships initiative, with this rationale:  "Strong relationships with faith and neighborhood organizations will help promote environmental stewardship that will lead to cleaner communities, encourage healthier families and build a stronger America."  EPA intends to open a full-fledged faith-based Center "to work with faith-based and neighborhood groups to increase awareness of environmental issues in communities throughout the country . . . ."

The causes aren't necessarily bad, but the harnessing of faith-based organizations to the administration's policy predilections is troubling.  How about a stronger separation between church and state?

Read also:  Meghan Clyne, "Michelle's Machine:  Churches get roped into the first lady's obesity crusade," Weekly Standard (April 11, 2011).
Take Note
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As President Obama's re-election campaign begins, Washington Post columnist (and former George W. Bush speechwriter) Michael Gerson says:

"The grand repositioning has begun--with one notable exception. Having tilted toward the center on foreign policy and economic issues, Obama has sent a different signal on cultural ones. He has signed legislation repealing "don't ask, don't tell," given up on defending the Defense of Marriage Act and talked of new gun control laws. Republicans have sometimes been guilty of appeasing their base with winks and nods on cultural controversies. Though doubtlessly sincere in his views, Obama is employing the same approach."

That's uncomfortable, isn't it:  vital positions on family, marriage, life, and religious freedom may get traded off so that the President can give the appearance of moderation, pragmatism, and centrism.  The maneuvering is no better when a Democrat instead of a Republican does it.
Worth Reading
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Thomas Messner, "From Culture Wars to Conscience Wars:  Emerging Threats to Conscience," Heritage Foundation Backgrounder, no. 2543 (April 13, 2011). 

Among the "threats to conscience" Messner details are attacks on institutional religious freedom.

American Center for School Choice, "Conference Summary and Highlights" from the April 1 conference, "May Superman Pray?  The Role of Faith-Based Schools in School Choice."
IRFA Needs Your Help
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Do you find these analyses helpful?  Do you see the need for forward-acting initiatives to maintain a public square that is hospitable to faith-based services?  There are many good causes that claim your support.  Will you make IRFA one of them?

You can donate securely on-line here: http://irfalliance.org/donate.html.

IRFA is a 501(c)(3) organization that depends on the support of those who understand that opposition to faith-based services is growing.  That opposition requires a positive response that goes beyond courtroom defenses.   Thank you.

 


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The Institutional Religious Freedom Alliance works to safeguard the religious identity, faith-based standards and practices, and faith-shaped services of faith-based organizations across the range of service sectors and religions, enabling them to make their distinctive and best contributions to the common good.