Coalition Letter Urging Movement on HR 7 Without Charitable Choice Provisions

The Coalition Against Religious DiscriminationCHARITABLE CHOICE SHOULD BE SEVERED
FROM THE TAX PROVISIONS OF H.R. 7 June 25, 200

Dear Representative:

We, the undersigned religious, civil rights, labor, education, health and advocacy organizations are writing to urge the House to move on H.R. 7 without the dangerous and divisive "Charitable Choice" provisions, currently Title II of the bill. The "Charitable Choice" provisions of H.R. 7 would explicitly allow federally funded employment discrimination, allow the proselytization of people seeking aid, and authorize new lawsuits against state and local governments by religious organizations denied federal funding. It is an unnecessary and unconstitutional proposal that would harm religious liberty, turn back the clock on civil rights, and burden local government with lawsuits.

There are many reasons we oppose the "Charitable Choice" provisions of H.R. 7. Our organizations have some of the following concerns:

Charitable Choice in H.R. 7 Allows Government-Funded Employment Discrimination - Title II of H.R. 7 explicitly allows religious discrimination against employees and applicants applying for positions in government-funded programs. The Watts-Hall bill would allow people to be rejected for government-funded employment based on their religion or religious beliefs. This goes against Federal civil rights policy dating as far back as 1941 when President Franklin D. Roosevelt signed the first executive order prohibiting discrimination in federally funded activity. Charitable Choice is bad policy and would represent a significant step backward for civil rights. The public is strongly against this aspect of "Charitable Choice." In fact, a recent poll by the Pew Forum on Religion and Public Life, found that 78 percent of Americans oppose allowing government-funded religious groups to only hire people of the same faith for funded services.

Title II of H.R. 7 Allows New Lawsuits Against State and Local Government - The Charitable Choice provisions in H.R. 7 would allow new lawsuits against city, county and State governments and their officials by religious organizations who believe that they were denied funding opportunities because of their "religious character." However, even the Justice Department now states that the government may not fund programs that contain religious activity or worship. Thus, this puts local government officials in a legal Catch-22. On one hand they are advised that certain funding would be unconstitutional, but then Charitable Choice authorizes a lawsuit for monetary damages against local government if funding is refused.

"Charitable Choice" Fails to Protect Beneficiaries in Funded Programs from Proselytization - While H.R. 7 says "no funds" should be expended for sectarian worship, instruction or proselytization, as now written, it fails to include meaningful safeguards against proselytization of beneficiaries by privately paid employees of the institution while they are participating in the funded program. For example, a victim of domestic violence who seeks help through a government-funded religious program could be proselytized or coerced into staying with the spouse (due to the tenets of that religion) as long as the employee engaging in the activity is paid with private funds. Furthermore, the mandate for providing a secular alternative in all cases is unenforceable especially when funding levels for most of the programs referenced in H.R. 7 are scheduled to decline.

"Charitable Choice" Undermines the Role of Religion in Society -- Many people of faith have expressed serious concern that "Charitable Choice" will undermine the traditional role of religion as a prophetic critic of government. "Charitable Choice" will make houses of worship dependent on tax dollars, and like every other government-subsidized group, religion will be less likely to bite the hand that feeds it. "Charitable Choice" presents the serious risk of undermining the independence and autonomy of our nation's houses of worship by treating them as an arm of the state. In addition, "Charitable Choice" puts government in the difficult position of picking and choosing among religions.

No change in the law is necessary to foster partnerships between religiously-affiliated groups and the government. For decades, there has been an effective relationship between government and religiously affiliated institutions that provide social services, such as Catholic Charities, Lutheran Services, United Jewish Communities, and numerous other smaller religiously-affiliated nonprofit organizations.

Title II of H.R. 7, the "Charitable Choice" provisions, represents a step backwards on civil rights, usurps local government rights and undermines the personal religious liberty of people seeking help. We strongly urge you to remove the "Charitable Choice" provisions from House consideration of H.R. 7.

Sincerely,

American Association of School Administrators
American Association of University Women
American Civil Liberties Union
American Counseling Association
American Federation of Government Employees, AFL-CIO
American Federation of State, County and Municipal Employees
American Federation of Teachers
American Humanist Association
American Jewish Committee
Americans for Religious Liberty
Americans United for Separation of Church and State
Anti-Defamation League
Baptist Joint Committee on Public Affairs
Central Conference of American Rabbis
Christians For Justice Action
Equal Partners in Faith
Friends Committee on National Legislation (Quaker)
Hadassah, the Women's Zionist Organization of America
Jewish Council on Public Affairs
Justice and Witness Ministries, United Church of Christ
Leadership Conference on Civil Rights
Legal Action Center
NAADAC, The Association for Addiction Professionals
National Association of Social Workers
National Council for Community Behavioral Healthcare
National Council of Jewish Women
National Council on Alcoholism and Drug Dependence
National Education Association
National PTA
NOW Legal Defense and Education Fund
OMB Watch
Partnership for Recovery
People for the American Way
Service Employees International Union, (SEIU) AFL-CIO
State Associations of Addiction Services
The Center For Progressive Christianity
The Employment Project
The Interfaith Alliance
Union of American Hebrew Congregations
Unitarian Universalist Association of Congregations
Women of Reform Judaism