Mukasey Admits Religious Discrimination is Wrong

Feb. 7, 2008

The Secular Coalition for America thanks U.S. Attorney General Michael Mukasey for stating that religious discrimination has no place in federal contracting; however, this statement is counter to seven years of Bush Administration policy.

The President's Faith-Based Initiative programs allow service organizations receiving federal funds to discriminate in their hiring practices. Thus, social service workers who do not share the organization's religious beliefs may be, and have been, denied a job for no other reason than their beliefs.

"Using federal funds to selectively employ members of one religious sect blatantly violates the equal protection guarantee of our Constitution," said Lori Lipman Brown, Director of the Secular Coalition for America. "I applaud the Attorney General for making a public statement supporting this Constitutional protection, even as he defies his boss in doing so."

This admission occurred in an exchange with Rep. Bobby Scott (D-VA) at a House Judiciary Committee hearing Thursday afternoon:

Scott: "Let me ask you one quick question. In terms of discrimination, if there is a prohibition against discrimination for federal contractors, are there any circumstances when it would be OK for a federal contractor to tell someone that they should not get a job solely because of their religion? In a federal contract?"

Mukasey: "As you describe it, there shouldn't be. The question is whether there's legislation that addresses that in a way that then doesn't require a court to make distinctions that it isn't really equipped to make ... between what is or isn't a religious affiliation or what is or isn't a religion..."

Scott: "I'm sorry. We have discrimination laws on the books. Should it be legal for somebody to say, with federal money, you can't get a job solely because of your religion?"

Mukasey: "It should not."

Scott: "Thank you."