Federal funding of religious institutions and "faith-based intiative" program

It is unconstitutional to send taxpayer dollars to houses of worship.

It is unconstitutional to allow religious organizations that receive federal funds to hire and fire employees because of their religion.

It is unconstitutional to allow religious institutions that receive federal money to proselytize to recipients of their government-sponsored social services.

The Bush administration permitted these unconstitutional activities, labeling them “faith-based initiatives.”   President Obama has thus far failed to reverse this unconstitutional policy.

In 1811, President James Madison— the Father of the Constitution-- vetoed a congressional bill that incorporated an Episcopal church in the District of Columbia and gave the church authority to care for the poor and to educate poor children. Even though the legislation allocated no public funds to the congregation, Madison said it would “be a precedent for giving to religious societies as such a legal agency in carrying into effect a public and civil duty.”

Until the mid-1990s the constitutional rights of taxpayers and social service recipients were protected because entities receiving federal financial assistance had to abide by employment non-discrimination laws and constitutional religious liberty protections.

But since 1996, houses of worship have been able to directly receive federal funds rather than creating a nonprofit 501(c)3 service organization to separate their sectarian from secular service activities. Additionally, houses of worship have been able to:

•    receive grants without segregating the funds from private sources
•    provide services in spaces replete with religious symbols, and
•    discriminate in hiring practices in favor of coreligionists

In 2001, President Bush issued executive orders to establish the White House Office of Faith-Based and Community Initiatives. The Office sought to find ways to funnel tax money to religious groups and provide financial advantages to religious institutions over secular non-profits competing for government funding. Religious institutions continue to have unique advantages in applying for federal money over secular institutions.  Religious institutions (unlike secular non-profits) do not have to:

•    separate  their social service functions from their sponsoring religious institutions
•    abide by fair employment practices
•    satisfy professional licensing requirements,
•    prohibit religious activities and proselytizing in conjunction with the publicly funded services
•    remove religious symbols from the facilities in which the social services were conducted

The Secular Coalition for America calls on Congress and President Obama to overturn all faith-based initiative executive orders and end the culture of preference for faith-based organizations as conduits for federal social service funding.

For more detail, read our position paper.