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Last evening, Jews around the world began
the celebration of Passover. Passover honors the Jewish Exodus from Egypt
over 3,000 years ago, an exodus that resulted in both freedom and formation
of the Jewish nation. As one Rabbi notes:
On Pessah, the Jewish people were made
into a nation. They were granted freedom, not merely from slavery
but for the task of establishing justice in their midst and to
set an example to the nations . . . Pessah is eternal revelation and
everlasting challenge.
Most Jews that I know apply Passover with
an astonishing immediacy. Passover is an ancient and modern history. The
details of Moses and the burning bush, the ten plagues, and the parting of
the Red Sea are well known, and parts of the story are re-enacted in the
Passover Seder. Even more so, the exodus is a living event. One Haggadah
reads "In every generation, every individual person is to view himself as
having been personally rescued from Egypt"
Theologian William R. Jones maintains that
while Christianity focuses on survival and salvation, the life breath of
Judaism is liberation. Not just liberation in the past, but liberation here
and now. Are we free, now? Do we participate in systems of liberation or
oppression, today? As we heard in the reading for this morning "Unless each
member of society actively pursues the happiness of every other member, none
is happy. Only the free have life."
Throughout history, Judaism has sought to
maintain systems that promote freedom. I was not surprised then, when I saw
the Union of American Hebrew Congregations (the official body of Reform
Judaism), listed in an official letter as an organization questioning
President Bush's faith-based funding initiative. The letter was sent to the
President on January 30th of this year, one day after the initiative was
launched. Other signatories included the ACLU, NAACP, Americans United for
Separation of Church and State, Interfaith Alliance, and the National
Education Association.
What then, is the concern that faith based
funding presents to freedom? This question is actually much more complex
that I realized, touching on issues of religious autonomy, the division
between church and state, and even job discrimination.
American freedoms are outlined in The
Declaration of Independence and The Constitution of the United States
of America. The Constitution became law in 1788. In 1791, ten
amendments, known as "The Bill of Rights", were added. The first amendment
reads in part:
Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof.
Ten amendments were added in 1791. Ten
amendments covering everything from the right to bear arms to State's
rights. The first amendment, the first phrase of the first amendment,
addresses religion. "Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof."
According to the periodical "Church and
State", the reason for this language and prominent placement is one man, our
fourth President of the United States, James Madison.
Madison wrote the Constitution and
co-authored the Bill of Rights. Throughout his political career, he
was adamant in his defense of the separation of church and state. Growing up
in Virginia, he watched with growing concern while Anglicanism, the official
state religious creed, imprisoned Baptists for spreading their version of
faith. As early as 1776 Madison argued for more than just religious
toleration, but acceptance of the free exercise of religion.
Here are two quotes from Madison, the
first insisting that religion actually prospers better if free of the state,
and the second noting the disturbing ease with which one "right religion"
can become federally mandated. Madison writes "The number, the industry, and
the morality of the Priesthood, & the devotion of the people have been
manifestly increased by the total separation of the Church from the State."
He also writes:
Who does not see that the same
authority which can establish Christianity, in exclusion of all other
Religions, may establish with the same ease any particular sect of
Christians, in exclusion of all other Sects? That the same authority
which can force a citizen to contribute three pence only of his property
for the support of any one establishment, may force him to conform to
any other establishment in all cases whatsoever?
Madison was way ahead of his time. The
concern expressed in his second quote has already begun to raise its head in
our recent debate about faith based funding initiatives.
I oppose President Bush's faith based
funding initiative proposal. There are many reasons for this, beginning with
my personal theology. I am more concerned with liberation than salvation or
survival. I believe that liberation is the higher standard for here and now.
I am grateful that Judaism reminds us that exodus is a modern phenomena and
that liberation is a daily issue. But beyond this, I have yet to hear anyone
speak of faith based funding initiatives in a way that addresses my concerns
about church state conflicts and job discrimination.
At the same time, I share my concern; I
want to affirm the possibility of positive partnership between religion and
the state. Before 1996, several religious organizations, such as Catholic
Charities, the Jewish Federation System, and Lutheran Social Services,
accepted government grants that came with very strict safeguards. For
example, the money went to religious agencies, not specific congregations,
programs were generally secular, and, since the money was federal money, job
discrimination was illegal.
Within my neighborhood, the Orthodox
Jewish community has chosen to buy several apartments building in order to
rehab and maintain them. To my knowledge this was not done with federal
money, but I like that they are caring for my neighborhood instead of some
absentee property owners. Likewise, two years ago First Church had a very
positive experience working with Catholic Social Services, who matched the
Destani family, refugees from the war in Kosovo, with First Church.
Religious congregations and organizations
can provide quality social services. Often they are located in neighborhoods
with the greatest needs. Often they also have the trust of the local
residents. Clearly, religion has an important role to play in social
services.
There may be ways to continue coordination
of faith based funding initiatives. My concern with the current proposal is
that federal funds may ultimately support one religion and not another, that
they could be used (in fact, are already being used) to discriminate against
employees, and that they could be used to evangelize a person in need of
support services. When I look at these concerns I ask myself, "Are we still
equally free?" Are we maintaining justice in our midst?
PBS's NewsHour has done several programs
related to President Bush's new proposal. One panelist, Wendy Kaminer, had
this observation:
In your introduction you gave us the
example of a Methodist church outside of Philadelphia. But imagine if we
weren't just talking about giving federal dollars to the nice Methodist
church down the block but we were giving federal dollars to the Church
of Scientology, to David Koresch, to even the Nation of Islam . . . What
I imagine we will start seeing down the road is that we'll start hearing
government bureaucrats who are administering these programs talk about
the difference between legitimate and illegitimate religions.
Certainly, this was a concern of James
Madison, who understood the correlation between federal affirmation of
Christianity and federal affirmation of a certain sect of Christianity. In
this same PBS broadcast the interviewer returned to Stephen Goldsmith, the
representative from President Bush's new White House Office of Faith-Based
and Community Initiatives, and asked "What about the Nation of Islam."
I thought Goldsmith really sidestepped the
issue, saying this would be a performance-based contracting system, and that
a Christian, Jewish, or Islamic door can give help. I wish the interviewer
had really pressed him, "What about the doorway of the Nation of Islam?" it
is not just Islam, it is the Nation of Islam? The Nation of Islam is a good
test case. Over the years, they have offended many Americans through a
militant stance and discriminatory remarks. Many people believe their
leader, Louis Farrakhan, was instrumental in the murder of Malcolm X. What
about the Nation of Islam?
It is not clearly stated, but the current
faith based funding initiative implies there is a certain type of acceptable
religion (or that we all share the same religion). As Rabbi David Saperstein
said:
He [Bush] will divide America [with]
the kind of angry words we heard from Jerry Falwell about Muslims and
Gene Rivers, a wonderful inner-city pastor accusing people who disagreed
[with faith based initiative funding] for being racist. That's exactly
the divisiveness that giving money and letting your religious groups
compete for it will result in in America. That's bad for America.
The current faith based funding proposal
also abdicates the role of the federal government in providing social
services. Why should religion provide these services instead of the
government? How are religions more adept at service delivery?
President Bush's current proposal implies
that the federal government is not ultimately responsible to manage social
problems, rather, faith based programs are an answer (and so far he seems to
lean towards Christian programs). I am uneasy that this proposal creates a
back door to ignore social problems (which continues to enslave us to
poverty) while promoting a state based religion. The message seems to be,
the poor will always be with us, may they find salvation in heaven.
I have also heard faith based funding
initiatives touted as offering better services. I have neither seen nor read
any evidence that supports this assumption. Gary Bauer, President of
American Values had these words to say:
I think the President . . . knows that
at the end of the day you don't just treat hunger, you don't just treat
homelessness; you don't just treat drug addiction, you treat the heart
and soul of the individual involved. I think we can work this out.
Words like this make me wonder what this
proposal truly suggests. I wonder if Mr. Bauer would fight so hard if
Unitarian Universalists won a grant and promoted atheism to treat the heart
and soul, or a Buddhist group promoted Buddha, or a Hindu group promoted
many gods and taught clients to perform puja, or worship to the gods.
Who exactly will decide how best to religiously treat the heart and soul of
Americans? And is this the government's job?
The doorway for faith based funding
initiatives opened in 1996 with the introduction of "charitable choice." I
am still a little unclear about charitable choice, but to my best
understanding, charitable choice was attached to the Welfare Reform Act in
1996. It enables federal money to go directly to congregations, instead of
to faith based social service organizations.
So, for example, if First Church
administered a welfare program, federal funds could come directly to our
congregation, rather than to a UUA administered social service program. This
may sound like a small difference, but it is much bigger than it appears.
Religious social service institutions are more accountable than individual
congregations. In addition, volunteers people your average congregation with
sincere religious loyalty, but minimal legal and professional social service
skills or education. Few of us know the particulars of the law and the
division between church and state. [Example of candidate literature/client's
rights in the mental health field]
Charitable choice also enables religious
organizations to receive federal funds and discriminate against employees.
Just this past week the New York Times Magazine published an article
about a woman, named Alicia Pedreira, who was fired from the Kentucky
Baptist Homes for children after a photograph of her, taken in the 1997 AIDS
walk, was displayed without her knowledge, at the state fair. The photograph
showed her with another woman and it is obvious that they are a couple.
Several weeks after the display, Ms.
Pedreira, who had received several outstanding performance evaluations, was
fired from her job as a therapist. A letter explained that her "homosexual
lifestyle is contrary to Kentucky Baptist Home for Children core values."
This becomes all the more troubling when we understand that Kentucky Baptist
Home receives three fourths of its funding from the government.
The author of the New York Times
article, Eyal Press, explains:
Recently on "Face the Nation," Stephen
Goldsmith, a White House advisor, explained that such [faith based]
organizations will indeed be allowed to discriminate in their hiring
practices, but only "on the basis of religion." What Goldsmith did not
say is that religion can often bleed into other categories, like gender,
sexual orientation, and race.
The irony is that federal employees are
protected from sexual orientation discrimination. [Explain religion exempt
from Civil Rights Act of 1964]. So here we have a religious agency that
exists through government funds, which can discriminate against its
employees. In this example, the religious agency has both the money and the
freedom, while the individual employee has neither. I don't want my federal
funds going to any agency that can discriminate against someone based on
sexual orientation.
A final freedom I consider is that of the
people who receive these services. Are they going to be coerced into a faith
they don't share in order to receive the services that they need? Currently
charitable choice programs use federal money and they are prohibited from
using this federal money for proselytizing. However, a religious group can
collect federal money to run the details of their program, and then use
private funds to proselytize the participants. It is as if the federal
government has sent people to receive social services and religion.
While writing this sermon I spoke to a
rabbi colleague and discovered that he was preaching on the same topic this
weekend, only he was preaching in favor of faith based funding initiatives.
We had an intense conversation about our respective sermons that gave us
both pause. His thesis is that faith based funding initiatives could work
and why throw the baby out with the bath water? He used a wonderful analogy
about how baseball widened the strike zone this year, and couldn't we widen
our strike zone, before arch liberals and conservatives dominated the
debate, to see if a religious/social service partnership could be enhanced.
He said, "This is where religion needs to be in America."
I agree that this is where religion needs
to be, that religion needs to help others, but in the end, I don't think
religion wants to help people in this way. I keep going back to Madison's
thought "The number, the industry, and the morality of the Priesthood, & the
devotion of the people have been manifestly increased by the total
separation of the Church from the State."
Faith based funding initiatives are viable
if participants adhere to federal discrimination law, if clients will not be
proselytized with federal or private money, and if congregations and
religious social service institutions are held accountable to higher
training and administration standards. If I saw these standards set in
place, I would be willing to widen my strike zone and consider faith based
funding initiatives. I am still hesitant about money going to local
congregations instead of religious social service organizations, but I would
be willing to try it.
However, those are a lot of ifs and I
don't believe that the majority of American religions want to share them. I
don't believe that American religions really want this job. They would have
to change too much in order to take it. We live in a country that promotes
the free exercise of religion; therefore, religions are exempted from
standards we apply to secular organizations. Why dilute religion? Why
compromise our civil rights?
Rabbi Saperstein was correct about the
divisiveness and competition that will come between religions if federal
money is involved. I respect religion enough to believe that its variations
should live and die on their own merits, without federal benefits. I respect
the American people enough to believe that they have earned the civil right
of freedom of religion. I respect America enough to believe that we must
maintain the civil right of freedom of religion.
Passover teaches us that exodus is still
alive, still a modern imperative. Pharaoh lives and there are people still
seeking freedom. I say let our people voluntarily choose their own religious
affiliations (or lack thereof), and let those in need receive our care
without persuasion that adds to the imprisonment of want and poverty. Each
of us has the right of religious freedom. May we be granted freedom, not
merely from slavery but for the task of establishing justice in our midst.
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