New Regulations Proposed for Partnerships Between Government and Faith-Based Groups

by Moe White

Proposals will implement important religious-liberty protections, says church-state watchdog.

Proposed regulations released August 5 by nine federal agencies will bring about necessary reforms to the rules that apply to partnerships between the government and faith-based social-services providers, according to an analysis by Americans United for Separation of Church and State. Americans United is a religious liberty watchdog group based in Washington, D.C. and dedicated to the First Amendment’s protections. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.

The “faith-based” initiative was adopted by the George W. Bush administration, and in 2010 President Obama issued an Executive Order (13559) establishing religious-liberty protections based on First Amendment guarantees. The regulations are designed to implement the reforms in that executive order.

“When you decide to apply for government funds to deliver social services, there are strings attached,” said the Rev. Barry W. Lynn, executive director of Americans United. “These proposed regulations should go a long way toward ensuring that taxpayer-funded organizations abide by the Constitution. By doing so, the regulations will ensure those who seek services won’t be kicked out of a homeless shelter or a drug treatment class because they don’t want to pray or listen to preaching.”

AU believes the regulations will strengthen religious-freedom protections for the beneficiaries of social-services programs and offer greater clarity to faith-based social service providers about their responsibilities, along with increased transparency to the taxpayer—three important steps toward ensuring that the First Amendment is respected when the government partners with religious organizations.

Most significant are the religious-liberty protections for beneficiaries of social-service programs. Under the proposal, those receiving social services must be given written notice of their right not to be discriminated against in taxpayer-funded programs on the basis of religion, religious belief, refusal to hold a religious belief, or refusal to attend or participate in a religious practice.

Lynn, who was part of a diverse task force that offered advice to the White House on how it should reform the rules that apply to these government partnerships, added that he is pleased the group’s recommendations were adopted and said he hopes there will be widespread support for these new religious-liberty protections.

The Obama administration has not addressed hiring discrimination in federally funded programs; thus existing rules promulgated by the Bush administration still allow faith-based social service organizations that get government grants and contracts to reject qualified job applicants on religious grounds to work in those taxpayer-funded programs.