April 24, 2000
House affirms 'charitable choice'
provision in federal housing bill
___By Kenny Byrd
___Baptist Joint Committee
___WASHINGTON (ABP)--House lawmakers voted overwhelmingly April 6 to allow pervasively sectarian organizations, including churches, to compete for funds in a $6.9 billion bill designed to boost home ownership among low-income municipal workers.
___The American Homeownership and Economic Opportunity Act became the latest in a series of congressional proposals that includes the "charitable choice" initiative.
___Houses of worship long have been allowed to set up separate agencies that receive government funds for providing secular services. But under "charitable choice," houses of worship would for the first time qualify for direct support from taxpayers.
___If passed, the law could face a legal challenge. The Supreme Court previously has said government funding of "pervasively sectarian" organizations is unconstitutional.
___During the 20-minute debate on the amendment, which ultimately carried 299-124, lawmakers debated what groups could receive the federal money and if those recipients could continue their practice of hiring only people from their own faith.
___"I have no problem with faith-based organizations--Catholic Charities--getting federal money. I have a huge problem with the federal government directly funding the First Catholic Church, the First Methodist Church, the First Synagogue, or the First Wiccans with direct federal money," said Rep. Chet Edwards, D-Texas. "That has huge implications.
___"Those pervasively sectarian organizations have special protections under the law where they can discriminate based on someone's religious faith," Edwards added.
___But Rep. Mark Souder, R-Ind., who proposed the amendment, said charitable choice is an attempt to codify what the Department of Housing and Urban Development already is doing--"encouraging faith-based organizations to have a place at the table in receiving federal funds to provide social services." In 1997, HUD Secretary Andrew Cuomo started the Center for Community and Interfaith Partnerships, designed to begin interfaith housing initiatives.
___A HUD spokesman disagreed with Souder's characterization of the interfaith program.
___"With all due respect to the congressman, we are very mindful of constitutional concerns," he said. "It is true that HUD encourages faith-based groups to get involved in housing initiatives, ... but we do not fund churches, synagogues and temples in any way."
___The HUD spokesman added that separately created non-profit groups, such as Lutheran Services, that are set up not to proselytize but to provide secular services, may apply for federal money.
___Presidential candidates George W. Bush and Al Gore both have endorsed the idea of "charitable choice."
___Souder said the initiative makes it clear that religious programs "will not be forced to change their identity or the characteristics which make them unique and effective. These protections include their religious character, independence and employment practices."
___But Edwards said government always regulates what it funds, and he noted that for the first time federal money could be used by a group that discriminates based on religion.
___"If money goes to a church associated with Bob Jones University next year, under your amendment, can that church, that religious organization put out a sign saying, 'Using your tax dollars, no Catholics need apply for a job here?'" Edwards asked.
___Souder responded that HUD would have the discretion in determining fund recipients. "If Secretary Cuomo ... chose to give it to a place that would discriminate on that basis, which could include Jewish, Catholic, evangelical, then it could happen."
___Edwards asked Souder if "the Wiccans (will) be able to apply for federal tax funding."
___Souder replied, "It's unlikely, under President Bush, that the witches would get funding."
___Edwards said Souder "made my point. He is saying that under the Bush administration, they would pick out which religious organization qualifies for federal tax dollars and which ones would not.
___"And that's exactly what Mr. Madison and Mr. Jefferson did not want when they founded the basis of the Bill of Rights. They did not want politicians and government officials deciding which religious organizations receive official government approval and which ones do not."
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