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Relations with Faith Communities:
Current and Potential Problem Areas
Treasury
The Customs Service has had discussions with members of the
Native American community who are bringing items across the
border for religious use. Some of these items, such as eagle
feathers, would not normally be allowed into the country. There
have been several incidents at the border, including strip
searches. Native American groups are concerned by what they
consider to be a violation of their rights.
Justice
The Department of Justice is monitoring, and in some cases
intervening in, a range of cases concerning the enforcement of
the Religious Freedom Restoration Act. Some of these cases raise
troubling conflicts between religious free exercise and other
important governmental interests, such as the integrity of our
bankruptcy code. (See the attached memorandum from Nancy
McFadden.)
In his April 29 message to tribal leaders, the President backed
passage of the Native American Free Exercise of Religion Act.
One of the issues is legal protection for Native American use of
peyote in religious ceremonies. You should be aware that the
Department of Defense and Department of Transportation protested
vehemently against versions of this legislation worked out by
Bill Richardson's Interior subcommittee in close cooperation with
the Department of Justice, the Department of the Interior, and
Native American advocacy groups. The DPC and OMB coordinated an
ad hoc interagency process last week, and the controversy seems
to have been resolved.
Transportation
As indicated above, DOT is a party to the Native American/peyote
dispute. The Department also drafts and administers common
carrier regulations that upset some religious communities, and it
makes decisions concerning transportation infrastructure
construction that affects the geographical integrity of some
religious communities. (See the attached memorandum from Ann
Bormolini.)
HHS
The Department of Health and Human Services is administering a
number of programs that create friction with faith communities.
The principal issues include: enforcement of the Child Abuse
Prevention and Treatment Act against Christian Science "spiritual
healing"; abortion counseling regulations (the "gag rule"); the
Adolescent Family Life program (abstinence education); the Health
Security Act (reproductive services, teen health, school-based
clinics); human embryo research; mandatory Medicaid funding of
abortion for rape and incest victims; and RU 486. (See the
attached memoranda from Kevin Thurm and Nancy-Ann Min.)
The "family cap" provision of the Administration's welfare reform
proposal has created an odd alliance between liberals, who see it
as mean-spirited and punitive, and religious and other
conservatives, who fear that it will increase abortion.
USDA
A USDA employee with Equal Employment Opportunity (EEO)
responsibilities was moved into another position of equal rank
after making statement to the effect that as a Christian, he
could not support USDA policies concerning nondiscrimination
based on sexual orientation. In response, Sen. Helms offered,
and the Senate approved, amendments to USDA's appropriations
prohibiting the use of funds to compel or encourage USDA
employees to (1) recruit for employment on the basis of sexual
orientation and (2) celebrate homosexuality as a legitimate
lifestyle.
Commerce
A condition of the Public Telecommunications Facilities Grant
Program administered by Commerce's National Telecommunications
and Information Administration stipulates that a grantee cannot
use a facility funded under this program for sectarian purposes
during the ten-year federal interest period. Fordham University
was found ineligible for funds for a public broadcasting program
because its application described plans to broadcast a weekly
Catholic mass. On July 7, 1994, the U. S. District Court for the
District of Columbia upheld Commerce's ineligibility decision.
Fordham may appeal.
Education
A number of conservative religious groups are organizing at the
state and local level to impede implementation of Goals 2000.
The House has passed the Helms school prayer amendment to the
ESEA, which would place the Secretary of Education in the
position of determining when local school districts had prevented
students from engaging in constitutionally protected school
prayer and would require him to withhold federal funds pursuant
to that determination. The Senate defeated the Helms amendment
and instead passed a Kassebaum amendment that would leave the
determination in the hands of the courts and withhold funds only
in cases of willful violation of court orders. We will support
the Senate amendment in conference.
Controversy over private school choice and vouchers continued
during recent debate over the reauthorization of the ESEA.
Administration opposition to all voucher proposals, even the
limited demonstration projects backed by moderate Democrats as
well as Republicans continues to rankle some religious groups.
In Felton, the Supreme Court ruled that it is unconstitutional to
provide Chapter 1 funding to religiously affiliated private
schools. There are cases pending in the lower courts that
address the issue of providing Chapter 1 services in vans on
private school property. The Department is defending the
constitutionality of those services.
Defense
The administration has proposed repeal of the prohibition on the
use of appropriated funds to pay for abortions in military
facilities. Currently appropriated funds may only be used for
abortions when the life of the mother would be endangered if the
fetus were carried to term. Congress has not enacted the
proposed repeal.
There have been other developments on the Defense/abortion front.
On February 14, 1993, then-Secretary Aspin directed the military
services to reinstate the pre-1988 policy of allowing abortion in
overseas military facilities on a pre-paid basis. On May 9,
1994, the Assistant Secretary of Defense for Health Affairs
issued a guidance which said, in part: "As a matter of DOD health
care policy, to the extent feasible and consistent with legal
obligations, Service women stationed outside the United States
and women dependents of members so stationed should have access
to abortion services comparable to that of women in the United
States."
Controversy continues between DOD and religious groups concerning
the Administration's policy allowing homosexuals to serve in the
military under certain conditions.
National Endowment for the Arts
The NEA has been heatedly criticized by some religious groups for
funding arts projects that are said to denigrate traditional
morality or perpetrate blasphemy. The grant to gap performance
artist Ron Athey turned into a public relations disaster and is
leading to a substantial cut in NEA's FY 1995 appropriation. The
recent decision not to award a fellowship to photographer Andres
Serrano (famous for "Piss Christ") may cool the temperature
somewhat. But the potential for recurring controversy remains.
National Endowment for the Humanities
Sheldon Hackney's signature program (the "National Conversation"
on the contemporary meaning of e pluribus unum) has gotten off to
a relatively tranquil start. But this may be the calm before the
storm. At last week's NEH council meeting, controversy erupted
over a film to be used as a focal-point for discussion at local
meetings, and the vote divided along liberal/conservative lines.
If the National Conversation is seen as tilting toward cultural
criticism or separatist multiculturalism, it does not take a
crystal ball to predict that conservative religious groups will
mobilize against it.
Equal Employment Opportunity Commission
The EEOC is in the process of reviewing public comments on
proposed harassment guidelines published in the Federal Register
last October. The proposed guidelines covered harassment based
on race, color, gender, national origin, age, disability, and
religion. Of all these categories, the guidelines dealing with
religion have sparked the most heated controversy, with religious
groups insisting that they impede constitutionally protected
religious expression in the workplace.
The religious harassment guidelines will not be made final any
time soon. The House approved language prohibiting the EEOC from
spending money to enforce the guidelines as currently drafted.
The Senate went somewhat farther, requiring the EEOC to drop the
proposed guidelines altogether and to hold a series of public
hearings before drafting new ones for final approval.
AUG-01-1994 16:51 FROM
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DEPARTMENT OF HEALTH & HUMAN SERVICES
Chief of Staff
Washington, DC. 20201
AUG 1
1994
MEMORANDUM FOR LAURIE LABUDA
FROM:
Kevin Thurm Open Hargis for
SUBJECT: Department of Health and Human Services (DHHS)
Activities Affecting the Religious Community
As requested, the following are DHHS activities that affect the
religious community:
The Head Start program has had strong links to religious
communities from the beginning when many programs began in
the basements of churches. Today, religious groups are Head
Start grantees and dolegate agencies, and continue to
provide the necessary space for Head Start operations in
many communities.
Many of the agencies participating in the Voluntary Agency
Matching Grant program are religious-based. This program,
administered by the office of Refugee Resettlement (ORR),
provides cash assistance and services to refugees for their
first 4 months in the United States, and is funded through
matching grants to private, national voluntary agencies. In
recent years, the program has been funded at approximately
$39 million. The Council of Jewish Federations/Hebrew
immigrant Aid Society is the program's largest participant,
receiving about 85% of the funding. Other major
participants are the United states Catholic Conference and
Lutheran Immigration and Refugee service.
The Social Security Administration (SSA) engages in many
cooperative arrangements and agreements with churches,
shelters, soup kitchens and other religious-related
organizations for the purpose of identifying people who are
potentially eligible for benefits, and helping people
conduct their business with SSA.
The Department also is involved in several controversial issues
of interest to various components of the religious community.
Child Abuse Prevention and Treatment Act (CAPTA). The
regulations implementing CAPTA that concern eligibility for
the Basic State Grant program require States to have all
suspected cases of medical neglect reported to a child
protective service agency. Medical care must be provided if
investigation substantiates neglect. The regulations do not
require a State to find a parent guilty of medical neglect
simply because that parent is practicing a religion that
AUG-01-1994 16:52 FROM
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uses spiritual treatment instead of medical treatment.
Christian Scientists, because they practice spiritual
healing, have been particularly concerned about this issue.
Abortion Counseling Regulations -- "The Gaq Rule". On
February 1, 1993, Secretary Shalala suspended the Gag Rule
which prohibited abortion counseling at Title X projects and
reinstated the pre-1988 performance standards for Title X
family planning grantees. At the same time, a Notice of
Proposed Rulemaking was issued soliciting comments on the
pre-1988 standards.
The Title X grantees are currently operating under the pre-
1988 performance standards which permit health care
professionals to offer "non-directive" abortion counseling.
Comments have been received on this policy and other pre-
1988 ctandardo, however, a final rule has not yet been
issued.
Activities Concerning the Adolescent Family Life Program
(AFL). The President's FY 1995 budget requests $6.8 million
for the office of Adolescent Health (OAH) but does not
request funding for the AFL program. The office or
Adolescent Health (OAH) was authorized in 1993 and has not
yet been funded. The Administration diverted funding from
the AFL program to OAH in an effort to implement a more
comprehensive approach to improving the health of
adolescents.
Although the AFL program has not been reauthorized since
1984, the program has been funded through the annual
Appropriations Act. The AFL program requires the teaching
of abstinence, but prohibits the teaching of complementary
information on contraception and avoidance of sexually
transmitted diseases. Under the Administration's plan,
current or new grantees who propose to conduct adolescent
pregnancy prevention projects using abstinence-based
curricula will be eligible to compete for funding, but such
abstinence education efforts will have to be part of a more
comprehensive approach that includes a broader range of
health, education and social services for adolescents.
Both House and Senate Appropriations Committees have
indicated their intention to continue funding the AFL
program. The House Appropriations Bill does not fund the
OAH. The Senate Appropriations Bill, however, provides
$300,000 for an OAH in another part of the Public Health
Service, not in the office of the surgeon General.
Administration positions as reflected in the following
provisions of the Health Security Act (HSA) are cause for
concern among some religious groups.
AUG-01-1994 16:52 FROM
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Reproductive Services. This provision has caused some
controversy and possible changes to language are always
under discussion. Jennifer Kline in the First Lady's Office
is closely monitoring this issue.
Teen Health. The HSA includes a comprehensive benefit
package that would provide all teenagers access to
preventive services including regular clinician visite and
services for pregnant women with no cost sharing; and family
planning services including prescription contraceptives.
School-Based Health Education. The HSA authorizes two new
programs for school health education including motivating
teens to avoid teen pregnancy and stay in school, and school
health services targeted to those areas with high levels of
poverty and high rates of health risk among children and
youth.
O
HUMAN EMBRYO RESEARCH. Until June 10, 1993, Federal
regulations governing research on human subjects required
research involving in vitro fertilization (IVF) to be
reviewed by a Departmental Ethics Advisory Board. However,
because no Ethics Advisory Board had been chartered since
1980, a de facto moratorium had existed on IVF since that
time. In June 1993 this de facto moratorium was lifted when
Congress included a provision in the NIH Revitalization Act
that lifted the regulatory requirement for an Ethics
Advisory Board review of such research. It is the enactment
of this law that now enables the NIH to fund IVF proposals
as well as research involving human embryos that result from
IVF or other sources.
However, IVF and human embryo research has not gone
unnoticed, particularly by some members of the far right
religious community. While the Congress provided the
authority to go forward, due to the public interest in these
areas of research, the NIH did not want to proceed without
first broadly considering the moral and ethical questions
raised by such research and developing guidelines for its
review and conduct. With the concurrence of the Assistant
Secretary for Health, the NIH established the Human Embryc
Research Panel as a group of special consultants to the
Advisory Committee to the Director, NIH. The Panel is
composed of 19 individuals with broad expertise in the
fields of basic and clinical research, ethics law, social
science, public health, and public policy.
Discussions of the Panel focus on competing ethical
frameworks with respect to the moral status of the human
embryo; the ethical acceptability of human embryo research;
issues raised by research on human embryos that are not
intended for transfer into human; ethically acceptable
AUG-01-1994 16:53 FROM
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Page 4
sources of human embryos or eggs; informed consent
requirements; issues raised by compensation of gamete
providers; concerns regarding commercialization of human
gametes and embryos; and the need for additional mechanisms
for the review, evaluation, and monitoring of human embryo
research at local and national levels.
A critical part of the process of considering the issues
involved in Federal funding of human embryo research is to
gain an understanding of the diversity of beliefs and
opinions held about the moral status of the human embryo and
about Federal funding of research involving the human
embryo. In an effort to ensure broad public awareness of
the Panel's work and encourage participation in the public
comment process, the NIH has issued press releases and
mailed public comment solicitations to over 200
organizations in addition to publishing the required Federal
Register notices. The NIH has considered some 13,000
comments on issues related to this research, including
comments from various religious communities concerned with
such research. These comments will be summarized in a final
report the Panel will issue which will include
recommendations on those areas it views to be acceptable for
Federal funding, areas that warrant additional review, and
areas that are unacceptable for Federal support. For areas
acceptable for Federal funding, the Panel will recommend
specific guidelines for the review and conduct of this
research.
Under the Work and Responsibility Act of 1994, States will
have the option to limit, in whole or in part, the increase
families now receive for an additional child conceived while
the mother is on welfare. Some religious groups are
critical of this proposal because they believe it could
encourage women to have abortions.
Also as part of a Welfare Reform, the Administration is
proposing school-linked teenage pregnancy prevention grants
for areas with high poverty or high teenage birth rates and
comprehensive service demonstration grants for various
prevention approaches. Under these grants, a community will
have the flexibility to design a prevention program which
reflects its values on how to promote personal
responsibility and prevent pregnancy. Again religious
groups may be concerned about the content of these programs,
but the local communities will have ownership of them.
Enforcement of mandatory Medicaid funding for certain
abortions. It now appears likely that the current Hyde
amendment language governing Medicaid abortions will be
retained in 1995. Last year, the Hyde Amendment was
expanded to require Medicaid coverage for abortions of
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pregnancies resulting from rape or incest. There was
speculation by some States that this was not Congress'
intent, but both the House and Senate FY 1995 appropriations
bills include language identical to the FY 1994 Hyde
amendment language.
In March 1994, the Health Care Financing Administration
(HCFA) advised the States that they must implement the
revised Hyde provision. As of July 27, 20 States are not in
compliance with the amendment, although nine of these States
are taking actions to comply. The next step is to notify
officially each State that is not in compliance of its
status. After this notice is provided, Department regional
teams will work with the states to help them achieve
compliance.
Federal District Courts have ordered three States that have
been out of compliance (Arkansas, Colorado, and Michigan) to
fund such Medicaid abortions. Montana has been so ordered
by a State court.
o
Mifepristone (RU-486). Mifepristone, developed by the
French pharmaceutical firm Roussel Uclar, has been marketed
for use to non-surgically terminate pregnancy in France, the
United Kingdom, and Sweden. In May 1994, after months of
complex negotiations, Roussel Uclaf donated, without
remuneration, its United States patent rights for RU-486 to
the Population Council, a not-for-profit organization. The
Population Council will conduct clinical trials, identify a
manufacturer, and submit a new drug application to the Food
and Drug Administration (FDA), steps necessary to bring RU-
486 to the American market.
AUG 03 '94 10:02AM DOT/SECRETARY OFFICE
P.1.5
OF TRANSPORTATION
THE SECRETARY OF TRANSPORTATION
WASHINGTON, D.C. 20590
UNITED STATES OF AMERICA
August 2, 1994
MEMORANDUM FOR:
Laurie Labuda
Office of Cabinet Affairs
The White House
FROM:
Ann Bormolini
AMB
Chief of Staff
SUBJECT:
DOT Interaction with the
Religious Community
Per your request, attached is a briefing paper summarizing
the Department's interaction with the religious community.
Attachment
AUG 03 '94 10:02AM T-SECRETARY OFFICE
P.2/3
DEPARTMENT OF TRANSPORTATION
INTERACTION WITH THE RELIGIOUS COMMUNITY
Pending legislation (H.R. 4230) would legalize the use of
peyote in Native American religious ceremonies. DOT
supports religious freedom for Native Americans, but we
have serious safety concerns regarding the use of peyote.
Peyote is listed as a hallucinogenic Schedule I
Controlled Substance in 21 U.S.C. Section 812, and we
have serious misgivings about its use by military members
of the Coast Guard or by persons holding safety sensitive
transportation positions, in the absence of conclusive
medical evidence that it is safe for them to use it.
Most of the clinical studies of peyote's medical effects
are more than 100 years old, and we have found virtually
no reliable information about the length of recovery time
necessary to allow a person to be ready to perform
military or safety sensitive duties cr the likelihood of
"flashback" effects occurring. Consequently, we are
working to insert legislative language that would give us
authority to restrict the use of peyote by persons in the
military or in safety sensitive transportation positions;
our proposal would also keep present rules in place until
new ones are promulgated.
DOT/FHWA regulations define a commercial passenger
carrying vehicle as one equipped to carry 15 or more
persons in addition to the driver. Regulations
promulgated in 1988 required any driver of such a vehicle
to obtain a Commercial Driver's License by 1992 and be
subject to drug and alcohol testing. These rules apply
to "church buses" and their drivers, as well as other
buses of similar size. Churches have protested that
regulation of their buses and drivers sharply restricts
their activities. However, we believe regulation is
appropriate: many such buses are unsafe, and often the
drivers have no training in operating large vehicles.
Construction of transportation infrastructure (e.g.,
highways, bridges, railroad or transit roadway, airport
runways) raises a number of issues.
- AUG 03 '94 10:03AM DOT/SECRETARY OFFICE
P.3/3
Construction through Native American sacred grounds
raises the same concerns as construction through any
other religious facilities or cemeteries. In
addition, concerns about proprietary information may
also arise; some tribes may not want to divulge the
location of sacred grounds. S. 2269 addresses these
issues.
Other construction impacts on churches arise from
nearby construction (e.g., a noisy highway or a road
that cuts off access to the church by its members).
With respect to federal actions, these issues are
addressed through the NEPA process (e.g.,
environmental impact statements).
In order to meet the public interest, the process
balances religious concerns with environmental and
transportation needs.
With respect to any form of transportation operations or
construction, certain labor-management issues could
arise. These might include such issues as working on
holy days or the wearing of religious garments.
U.S. Department of Justice
Office of the Associate Attorney General
Deputy Associate Attorney General
Washington DC 20530
August 4, 1994
To:
Bill Galston
Domestic Policy council
From:
Nancy McFadden
Principal Deputy Associate Attorney General
Joan silverstein
Special Accistant as to the Associate Attorney General
Subject: Department of Justice Activities affecting the
Religious Community
This memorandum presents an overview of Justice Department
activities that affect the religious community.
A.
Religious Freedom Restoration Act (RFRA)
Much of the Department activity in the upcoming year that is
expected to affect the religious community and to raise
potentially controversial issues will involve the Religious
Freedom Restoration Act (RFRA), a new and untried statute.
Accordingly, the Department recently formed a RFRA Task Force (1)
to anticipate the contexts in which RFRA might arise, (2) to
identify and examine the legal issues surrounding RFRA, and (3)
to develop a litigation stratogy for RFRA cases coming to or
learned of by the Department.
Attached is a summary compiled by the Task Force of
litigation in which RFRA has bean raised. The majority are
prison cases in which it has been alleged that prison regulations
or conduct by prison officials donies plaintiff prisoners the
free exercise of their religion. Defendants in these cases have
responded with challenges to RFRA, both with respect to its
constitutionality and its retroactivity. The Department has
intervened to defend the constitutionality of RFRA.
in two cases, pro-life groups have argued that the Free
Access to Clinic Entrances Act (FACE) impedes the free exercise
of religion in violation of RFRA. The district courts in the
Eastern District of Virginia and the Southern District of
California hearing these cases rejected the groups' argument on
the grounds that FACE does not touch upon religious beliefs or
grant to a school it considered too religious. We will continue
surveying the Department further for other activities and will
provide updates.
Finally, the Department is working with Congress to draft a
Native American Free Exercise of Religion Act (NAFERA), a bill
much like RFRA addressing the specific concerns of Native
Americans. The President has stated his support for a NAFERA.
NAFERA will protect sacred sites and religious peyote use, which
RFRA does not necessarily cover. NAFERA should become law in
the upcoming year.
3
APPENDIX B: SUMMARY OF PENDING LITIGATION
A. Christians V. Crystal Evangelical Free Church (8th Cir.).
Bruce and Nancy Young filed a Chapter 7 bankruptcy petition.
In the preceding year, and while they were insolvent, the Youngs
contributed $13,500 to their church. The bankruptcy trustee
assigned to the Youngs' Chapter 7 petition filed this proceeding to
recover the $13,500 contribution under Section 548 (a) (2) of the
Bankruptcy Code, 11 U.S.C. 548 (a) (2). That Section authorizes the
trustee to avoid any transfer of an interest of the debtor that was
made or incurred within one year of when the Chapter 7 petition was
filed if the debtor "roceived less than a reasonably equivalent
value in exchange for such transfer" and "was insolvent on the date
that such transfer was made * * * or became insolvent as a result
of such transfer." 11 U.S.C. 548 (a) (2) (A), (B) (1).
The bankruptcy court granted summary judgment for the trustee.
It held that Soction 548 (a) (2) authorized recoupment of the Youngs'
gifts because the religious services, theological programs, and
access to the promises the Church provided to the Youngs are not
"property" under that Section and were not provided "in exchange
for" the transfer. The district court affirmed, and also held that
Section 548 does not violate the Free Exercise, Establishment, or
Free Speech Clauses as applied to the Church. (The Church did not
raise any constitutional defenses before the Bankruptcy Court.)
The Church appealed to the Eighth Circuit, which invited the
United States to intervene because the appeal draws into question
the constitutionality of an Act of Congress. The Department filed
a brief as intervenor in support of the trustee. Our brief argues
that the District Court was right to hold that Section 548 applies
to the Youngs' gift to their church and that the trustee can recoup
the gift from the church under Section 548 consistent with the Free
Exercise, Free Speech, and Establishment Clauses. We also argue
that applying Section 548 to the church does not violate RFRA. We
argue that recouping the Youngs' contributions to their Church does
not "substantially burden" their religion under RFRA because they
have no First Amendment right to give away money that the law deems
as rightfully owned by their creditors, and that the trustee has a
compelling interest in protecting the property rights of creditors.
B. Gedo V. Salt Lake County (D. Utah).
Two individuals who were briefly incarcerated on federal
charges in county jail in May, 1993, assert that jail officials
improperly confiscated clothing of religious significance and
denied them vegetarian meals. Each asserts affiliation with the
Church of Latter Day Saints. Defendant officials assert: 1)
nothing on the face of the statute indicates that the RFRA was
intended to be retroactive (Landgraf v. UST Film Prods. Inc., 114
S. Ct. 1483 (1994)), and it would be unfair to construe RFRA as
- 70 -
retroactive because retroactivity would increase the liability UI
the defendants; 2) Congress, in seeking to overturn the Smith
decision, has exceeded its authority under Article I of the
Constitution and principles of separation of powers. Defendants
cite, inter alia, United States V. sioux Nation of Indians, 448
U.S. 371, 393 (1980) ; Georgia Ass'n of Retarded Citizens V.
McDaniel, 855 F.2d 805, 810 (11th cir. 1938), cert. denied, 490
U.S. 1090 (1989). They also assert that the prisoners did not
invoke any religious belief when they requested vegetarian meals
and that the requirement that prisoners wear jail-issued garments
reflects legitimate security, sanitation and administrative
interests.
The complaint was filed April 23, 1994. The case is currently
pending on plaintiffs' motion for partial summary judgment. A
hearing on that motion is scheduled for August 26, 1994. The
United States will file its intervention notice on July 18, 1994,
and will simultaneously move the court to postpone the hearing
until September 26, 1994 and set a deadline of August 19, 1994, for
the United States to file its opening brief. It is our
understanding that the parties are currently engaged in settlement
discussions.
C. Muhammad v. Coughlin (S.D.N.Y).
In February 1994, plaintiff prisoners amended their complaint,
which was originally filed in 1991, to challenge a variety of
practices by state and local penal officials, involving alleged
restrictions on practice of religion by members of the Nation of
Islam. These include access to religious advisors and literature,
observance of fast periods, etc. By letter dated May 31, 1994, the
New York Attorney General's Office has notified the court that it
challenges RFRA's constitutionality. Its letter offers arguments
similar to those asserted in Gedo -- that Congress cannot reverse
a constitutionally-based decision of the Supreme Court, citing
United States V. Nixon, 418 U.S. 683, 703 (1974) ; Cooper V. Aaron,
358 U.S. 1, 18 (1958) : Marbury V. Madison, 5 U.S. (1 Cranch) 107,
177 (1803). New York also asserts that Congress does not have the
power to implement the guarantees of the First Amendment as
incorporated through the Fourteenth Amendment and that Congress has
abridged the Tenth Amendment rights of the states, citing New York
v. United States, 112 S. Ct. 2408, 2418-21 (1992) ; Oregon V.
Mitchell, 400 U.S. 112, 124-26 (1970).
District Judge Loretta A. Preska has given the state until
July 25, 1994 to file its motion to dismiss. Judge Preska has
certified the case under 28 U.S.C. § 2403 (a) and has given the
United States until September 30, 1994, to file its brief in
support of RFRA, should we choose to intervene.
- 71 -
D. Alameen V. Coughlin (E.D.N.Y.)
Suit brought under RFRA challenging prison officials'
restrictions on the wearing or display or Dhikr beads that
plaintiffs' claim substantially burden their right to exercise
their religion (Islam). Plaintiffs have filed a motion for
preliminary injunction and defendants have filed a motion to
dismiss, contending that RFRA is unconstitutional. Defendants
contend that RFRA represents Congress' attempt to "overrule" the
Supreme Court's interpretation of the First Amendment, in
contravention of principles first established in Marhury V.
Madison, 5 U.S. (1 Cranch) 137, 177 (1803). Defendants also argue
that South Carolina V. Katzenbach, 383 U.S. 301 (1966), and City of
Rome V. United States, 446 U.S. 156 (1980), are distinguishable
because they involve the enforcement of the equal protection clause
rather than a right judicially incorporated into the Fourteenth
Amendment. Furthermore, defendants contend that in enacting the
Voting Rights Act -- which was the statute at issue in South
Carolina and City of Rome -- Congress had substantial evidence
before it of widespread efforts by states effectively to
disenfranchise black voters and that Congress lacked analogous
evidence of efforts to deprive citizens of their free exercise
rights in enacting RFRA.
On June 24, 1994, Judge Charles P. Sifton certified the case
under 28 U.S.C. $ 2403 (a) and the United States filed its
intervention notice on July 12, 1991. It is our understanding that
no briefing or hearing schedule has been set yet, but we expect the
United States' brief to be due mid- to late-August.
E. Jolley v. Coughlin (S.D.N.Y.)
An AUGA has recently informed us that this is another
prisoner's suit brought under RFRA. We do not presently know
anything more about this cuit. If the defendant, the State of New
York, has not yet argued that RFRA is unconstitutional, it
undoubtedly will, and will advance the same arguments made in
Alameen V. Coughlin (E.D.N.Y.), supra. We expect to receive the
pleadings shortly from the AUSA.
F. American Life League V. Janet Reno (E.D. va.).
A pro-life group challenges the Freedom of Access to Clinic
Entrances Act ("FACE"), which makes it a crime to use force, the
threat of force, or physical obstruction to injure, intimidate, or
interfere with individuals because they provide or obtain
reproductive health services. Plaintiffs assert that FACE violates
RFRA as well as the Free Exercise Clause. The Civil Division, in
its defense of FACE, responded that FACE does not substantially
burden anyone's exercise of religion and, even if it did, it would
further a compelling governmental interest of assuring access to
such clinics by the least restrictive means in furtherance of that
- 72 -
interest. The district court recently denied plaintiffs' motion
for a preliminary injunction and granted the Department's motion to
dismiss, holding that FACE does not violate RFRA because FACE does
not touch upon religious beliefs or practices.
G. Council for Life Coalition V. Janet Reno (S.D. Cal.)
A challenge to FACE brought by a pro-life group arguing, among
other things, that FACE violates RFRA. On July 6, 1994, Judge Erma
Gonzales granted the government's motion to dismiss. She held that
plaintiff had failed to establish that FACE substantially burdened
the exercise of religion. In the alternative, she reasoned that
even if FACE had substantially burdened the plaintiff's free
exercise of religion, Congress had a compelling interest in
enacting FACE, i.e., prohibiting the use of force to prevent women
from exercising their constitutionally-protected right to abortion.
H. Other Cases.
A Westlaw search has located fourteen decisions in which RFRA
has been cited.
1. Five cases state that the law applies retroactively.
Smith V. Elkins, 19 F.3d 29 (Table), 1994 WL 65299 (9th cir. 1994)
(reversing and remanding district court summary judgment ruling
involving prisoner disciplined for praying in foreign language) ;
Keith Brown-El v. Charles Harris, F.3d , 1994 WL 250157 (8th
Cir. June 13, 1994) (removal of prisoner from list of those on
special meal schedule) (dictum) ; Lawson v. Dugger, 844 F. Supp.
1538, 1540 (S.D. Fla. 1994) (prisoners' suit alleging interference
with distribution of literature by Hebrew Israelite faith) ; John
Rust V. Harold W. Clarke, F. Supp. , 1994 WL 157662 (D. Neb.
April 22, 1994) (prisoners claim discrimination in restrictions on
practice of Asatru [Nordic gods] faith) (dictum) : James Messina V.
Police officers Frederick =. Mazzeo, et al., 2. Supp. ,
1994
WL 231998 (E.D.N.Y. May 24, 1994) (misclassification of prisoner's
religious affiliation) (dictum).
2. one court has cited RFRA in granting a preliminary
injunction. Western Presbyterian Church v. Board of zoning
Adjustment, 849 F. Supp. 77 (D.D.C. 1994) (church challenge to
zoning restriction on feeding homeless).
3. Another court has held that RFRA does not entitle the
bankrupt to tithe to a church. In re Faulkner, 165 B.R. 644
(Bankr. W.D. Mo. 1994).
4. Two district courts have relied on RFRA in prisoner
suits. Allah v. Menei, 844 F. Supp. 1056 (E.D. Pa. 1994) (denying
summary judgment to defendant prison officials in suit involving
recognition of Temple of Islam sect) ; Lawcon v. Dugger, 844 F.
- 73 -
Supp. at 1542 (ruling for plaintiffs as to ban on literature
distribution.
5. The constitutionality of RFRA appears to have been
challenged in only one of the above cases. Rodriguez V. coughlin,
F. Supp. / 1994 WL 174298 (S.D.N.Y. May 4, 1994) (granting
preliminary injunction). The court was able to avoid the issue
because it ruled that the restriction on prisoner conduct (wearing
of Santeria religious beads) could not be justified even under
Smith. The Seventh Circuit has noted the potential constitutional
issues raised by RFRA, but had no occasion to decide them. Canedy
V. Boardman, 16 F.3d 183, 186 n.2 (7th Cir. 1994) (strip searches
of prisoners observed or conducted by guards of opposite sex).
- 74 -
5007
LEVEL
---
9FF0 000
1070 ATATE $0.00
The Washington Times
DATE: 7-26-94
PAGE: A-6
The Beckett Fund is a bi-
Mr. Helms also pointed out that
partisan and ccumenical public in-
the Foreign Agricultural Service
Espy sued
terest law firm that defends reli-
has established a position known
glous liberty. its advisory board
as the "gay, lesbian and bisexual
includes Cardinal John O'Connor,
program manager" It is designed
archbishop of New York: Sen. Or.
to help recruit for the agency's
by worker
rin Hatch, Utah Republican: Rep.
Gay, Lesbian and Bisexual Em-
Henry Hyde, Illinois Republican;
ployment Program" and to track
Sargent Shriver, president and
homosexual employment statis-
tics.
critical of
CEO of Special Olympics Interna-
tional; Eurlice Kennedy Shriver.
"I can conclude only that Dr.
founder of Special Olympics Inter-
Mertz was removed from a job in
national; and William P. Barr, at-
which be bas served well because
torney general under President
be questioned policies which you
gay policy
Bush
say do not exist; certainly they are
not authorized in law," Mr. Helms
In his letter to Mr. Espy, Mr. Has-
500 cited Mr. Mertz's record of up-
wrote.
holding the rights of homosexuals.
"If you will agree to give Dr.
He noted that Mr. Mertz had ac-
Merz his job back, the more than
By Ruth Larson
a dozen senators who have holds
THE WASHINGTON TIMES
tively defended a transsexual em-
Agriculture Secretary Mike
ployee who was harassed. Mr.
on Agriculture nominees will, I am
Mertz also hired a black homosex
confident, be willing to permit
Espy. still fighting to remove a Sen-
ual who was HIV-positive to be his
these nominations to go forward
ate hold on his agency's nominees,
personal secretary while in the
immediately," Mr. Helms wrote.
isnow threatened with a Lawsute-
"It's your call, Mr. Secretary."
all because an outspoken em-
army.
ployee was transferred for his re-
"Nevertheless, you have seen fit
marks on homosexuals.
to effectively demote him to A
Karl Mertz, an equal employ-
newly invented. make-work posi-
ment opporrunity manager for the
tion for which he is unsuited
Agricultural Research Service in
You have done this solely because
Athens, Ga., was abruptly trans-
of the content of Dr. Mertz's pri-
ferred from his post in March.
vate speech."
after he criticized the administra-
The threat of a lawsuit is the
tion's policy on homosexuals in a
latest twist in Mr. Espy's ongoing
television interview while on per-
"war of words" with Mr Mertr's
sonal leave.
defenders.
Sen. Jesse Helms. North Caro-
Last week, the Senate approved
lina Republican, has championed
two Helms amendments during
Mr. Merz's case, successfully
debate on the USDA's fiscal 1995
amending the Department of Ag
appropriations bill One would
riculture appropriations bill to bar
prohibit removal of employees
removing someone for off-duty re-
who make remarks during per-
marks against homosexuality.
sonal time opposing the USDA's
He and a coalition of 13 Repub-
policies on homosexuals: the other
licans have also put a procedural
would prohibit using appropriated
"bold" on confirmation of three
funds for positions, seminars or
nominees to USDA agencies, hop-
programs that promote homosex-
ing to force Mr. Espy to reinstate
uality.
Mr. Merr
Late Friday, Mr. Helms fired off
Now another group has taken up
yet another letter to Mr. Espy, crit-
his cause.
ical of his latest comments on the
On Friday, Mr. Espy was notified
Mertz case. In his four-page letter,
by the Beckett Fund that Mr.
Mr. Helms pointed out several ap-
Mertz would seek "substantial
parent inconsistencies contained
sums in both compensatory and
in two previous letters from Mr.
punitive damages" if be was not
Espy.
reinstated immediately with a for-
For example, he noted that
mal apology and a clear record.
while Mr. Espy denied there was a
USDA officials did not return
"gay rights agenda" at his depart-
repeared calls requesting com-
ment, he had concluded Mr.
ment.
Mertz's comments "indicate be
Kevin J. Hasson. president and
strongly disagrees with - and
general counsel of the Beckett
cannot faithfully implement cur-
Fund, took Mr. Espy to task for the
rent policies in equal employment
"bureaucratic retaliation [Mr.
opportunity."
Mertz) has suffered at the hands of
Mr. Helms questioned how Mr
you and your agency for his reli-
Espy could say there is no "gay
giously based views on the moral-
rights agendo" in his department,
ity of homosexuality
given that it was among the first to
officially sanction the Gay, Les-
bian or Bisexual Employees
group, or GLOBE
18
251
NOTE FOR MATT MILLER
FROM:
Nancy-Ann Min Name
SUBJECT: HHS Issues of Concern to Religious Groups
Attached per your request is a bullet-ized list of issues of concern to
communities of faith. Also attached are recent HHS briefing materials prepared for
the Secretary on these issues.
Please contact myself or Barry Clendenin (ext 54920) if you need more
information.
Attachments
Issues of Concern to Communities of Faith: HHS
Current Issues
Abortion. Certain interest groups are concerned about the Administration's
abortion policy in several areas: health care reform, Medicaid
reimbursement, RU486 (see below), and fetal tissue (see below).
--
In FY 1994, Congress expanded the Hyde amendment to allow Medicaid
reimbursement in cases of rape or incest (in addition to cases where the
life of the mother was in danger). HCFA issued a letter on December
28, 1993, requiring States to expand their reimbursement policies,
consistent with the new Hyde amendment. Several States have
opposed this change because it conflicts with State law and/or policy.
The Health Security Act contains family planning services, including
abortion, in its comprehensive benefits package. A number of
alternatives are under consideration now, including the idea of
offering two packages to all consumers (one with abortion coverage
and one without), and a "conscience" clause that would allow
employers to offer packages without abortion coverage.
Future Issues
Health Education. The FY 1995 Budget contains $11 million for studies of
adult and adolescent sexual behavior, primarily related to AIDS risk. NIH is
now prohibited by statute from funding the two most controversial sex
surveys (the Survey of Health and AIDS Risk Prevalence and the American
Teenage Survey), which were criticized for being too explicit. Future
explicitly-worded surveys would probably receive attention from certain
interest groups.
Teen Pregnancy and Family Planning. Certain interest groups continue to be
concerned with statements by the Surgeon General regarding appropriate
measures to reduce teen pregnancy. Also, neither the House nor the Senate
L/HHS appropriations subcommittees took the recommendation in the
President's Budget to shift funding from Adolescent Family Life (which
primarily funds teen abstinence grants) to a new Office of Adolescent Health.
Neither subcommittee chair wanted to create a lightening rod for certain
interest groups.
RU486. The manufacturer of RU486, Roussel Uclaf, has donated its U.S.
patent rights on the abortifacient drug to the non-profit Population Council.
FDA Commissioner David Kessler told a Congressional committee on May
16, 1994, that he expected the Population Council to have clinical trials of the
drug up and running by the fall of 1994, that it would take the Population
Council approximately one year to prepare a New Drug Application (NDA),
and that FDA could probably approve an NDA for RU486 within six months
after receipt. The Population Council has not yet located a sponsor to
manufacture the drug in the U.S. FDA approval of RU486 will cause an
outcry from certain interest groups.
Use of Fetal Tissue in Biomedical Research. On January 22, 1993, the
President asked Secretary Shalala to end the five-year moratorium on Federal
funding of research involving human fetal tissue from induced abortions.
Since then, standards for funding such research (regarding informed consent,
solicitation of tissue, etc.) were enacted in the NIH Revitalization Act of 1993.
NIH plans to fund $21.3 million in fetal tissue research in FY 1995.
Needle Exchange. The statute authorizing the Substance Abuse Block Grant
prohibits the use of Block Grant funds for needle exchange programs, and the
L/HHS Appropriations Act annually contains a similar prohibition on the
use of any Labor, HHS, or Education monies for this use. A forthcoming draft
reauthorization bill from the House Energy and Commerce Health
Subcommittee may modify this prohibition (e.g., to allow needle exchange
programs at State discretion).
The Office of National Drug Control Policy opposes any relaxation of the
needle exchange prohibition, and Dr. Brown (ONDCP) has testified to that
effect (i.e., "The Administration can find no compelling reason to depart from
existing Federal policy."). Needle exchange has not been a religious issue so
much as it has received attention from conservatives. A shift in this policy
would probably draw fire from certain interest groups.
July 28, 1994
PHS - 337
NATIONAL INSTITUTES OF HEALTH
Sharp & Other Sexual Survey Funding
QUESTION:
Does the FY 1995 budget contain any funding for surveys of
sexual behavior? Have you reconsidered funding for the
teenage sex survey?
ANSWER:
The FY 1995 request for NIH includes $11 million to fund
studies which will include surveys of adult and adolescent
sexual behaviors, primarily related to AIDS risk. The Child
Health (NICHD), Mental Health (NIMH), Drug Abuse (NIDA) and
Alcohol (NIAAA) Institutes all have such studies planned.
There are no plans to fund the specific surveys called the
Survey of Health and AIDS Risk Prevalence (SHARP) or the
American Teenage Study (ATS), and, in fact, there is now a
statutory prohibition (in the NIH Revitalization Act)
against funding these two studies.
Research on AIDS risk behaviors, which has been recommended
by every advisory group that has examined the NICHD AIDS
program, is considered by many scientists important to
understanding the behavior of our adult citizens so we can
better target our interventions to slow the spread of HIV.
For example, data from a NICHD funded study completed last
year was very beneficial in increasing our knowledge of the
use of condoms to prevent AIDS and other diseases. This and
other studies provide vital information for our AIDS
prevention strategies.
We understand research of this type has been delayed in the
past because it is controversial. We are ready to work with
members of Congress to work out any potential problems in
advance so we can proceed to collect this important
information which may save lives in the future.
NIH Spending on Research Involving Sex Surveys (millions)
1993
1994
1995
+/-94
NICHD
$4.0
$6.0
$8.0
+$2.0
NIMH
.2
--
--
- -
NIAAA
1.9
1.6
0.6
-1.0
NIDA
2.7
3.2
2.5
-0.7
Total NIH
$9.9
$10.8
$11.1
+$0.3
Prepared by the Office of Budget/ASMB
March 15, 1994
PHS - 338
KEY INFORMATION:
Study Being Funded By NICHD:
Prospective Longitudinal Study on Adolescent Health - This
study, which is specifically authorized in the NIH
Revitalization Act, is being funded at $2 million in FY 1994,
and will be funded at least $2 million in FY 1995 (the second
year of the grant has been approved for $7 million, but it will
most likely be funded at a lower level). The study will
provide information on the behaviors that promote health and
the behaviors that are detrimental to health of adolescents.
Past Efforts Halted By Congress:
Survey of Health and AIDS Risk Prevalence (SHARP) - $3 million
was included in the FY 1992 request for NICHD within its AIDS
budget. Congress explicitly indicated in appropriations
language that NICHD funds could not be expended on the SHARP
survey. No funds were requested in FY 1993 or 1994.
National Survey of Health and Sexual Behaviors - The FY 1991
budget request included $3 million for this survey, however,
because the House Appropriations Committee specifically
prohibited expenditure of funds for this purpose the survey was
not funded.
American Teenage Study (ATS) - In May of 1991, NICHD used $2
million to support the first year of this five year study.
Funds used to award this grant were drawn from the regular pool
for competing research project grants for the Institute. At
that point, neither the President's Budget nor the Congress had
identified this particular research. In July, former Secretary
Sullivan directed NICHD to terminate the award. The FY 1992
appropriations bill language also prohibited NICHD from using
1992 funds to support this survey.
About 75% of the funds awarded to the University of North
Carolina for the ATS, were recouped by NICHD and reallocated
to other research grants.
NIH Revitalization Act:
Both the SHARP and ATS studies are permanently banned from
receiving funds from NIH in the NIH Revitalization Act of 1993
(enacted June 10, 1993).
At the same time, the NIH Revitalization Act requires that NIH-
funded surveys of human sexual behavior:
-- meet the same ethical and peer-review requirements as other
research using human subjects;
-- obtain information expected to assist in reducing the
incidence of sexually transmitted diseases, including AIDS,
and in improving reproductive health and other health
conditions.
Prepared by the Office of Budget/ASMB
March 15, 1994
PHS - 339
Other Studies Being Done By PHS:
The Centers for Disease Control and Prevention does collect
some information on sexual behaviors through several
instruments designed to collect a wide range of general health
information among targeted populations. These instruments
include the National Household Interview Survey and the survey
of Knowledge, Attitudes, Beliefs, and Behaviors, a project
funded from CDC's AIDS budget.
- - CDC funded two contracts in FY 1993 on the Evaluation of a
School-Based Intervention to Reduce Behaviors That Result in
HIV/STD Infection. Initiation of these contracts was
initially delayed because of some concern that the nature of
the questions being asked in the survey instrument would be
controversial. These contracts will run through August
1996.
The 1989 Condom Study, reported in The Washington Post on April
15, 1993, was funded by NICHD under a 1988 Request for
Application for a total of $1.8 million beginning in FY 1989.
The study was conducted by Dr. Koray Tanfer of the Battelle
Human Affairs Research Centers in Seattle, Washington. This
grant was completed December 31, 1993.
-- The study was designed to examine condom use in a national
sample of 3,321 men aged 20-39.
- - Participation was voluntary and strict confidentiality
measures were observed.
Prepared by the Office of Budget/ASMB
March 15, 1994
PHS - 340
NATIONAL INSTITUTES OF HEALTH
Fetal Tissue/Human Embryo Research
QUESTION:
The past year has seen some dramatic changes in the
restrictions on Federal support for research involving fetal
tissue and human embryos. How is HHS implementing these
changes?
ANSWER:
We are actively working to implement responsibly the changes
in these areas which were initiated by President Clinton's
Executive Order lifting the ban on Federal funding of
research using human fetal tissue. This lifting of the ban
was later reinforced and codified by the Congress in the NIH
Revitalization Act of 1993.
Fetal Tissue
After the ban on Federal funding of fetal tissue research
was lifted in the first weeks of this Administration, we
published interim guidelines on the conduct of fetal tissue
research in the Federal Register last March.
On January 4, the National Institute on Neurological
Disorders and Stroke (NINDS) announced funding for clinical
research using fetal tissue from elective abortions. The
announcement denotes the first Federal support for fetal
tissue research in five years.
-- NINDS announced funding of $4.5 million for three
institutions to study the effects of implanting fetal
tissue into the brains of patients with Parkinson's
disease.
Embryo Research
Because the moral and ethical issues surrounding human
embryo research are so profound, in January, NIH convened a
19-member interdisciplinary panel of experts in basic and
clinical research, ethics/theology, law, social sciences,
and public policy issues to make recommendations to the NIH
Director's Advisory Committee.
-- We expect this panel will make recommendations on what
areas of human embryo research are acceptable, which are
unacceptable, and which need further study.
- - This panel should have a report to the Advisory Committee
by July, 1994.
Prepared by the Office of Budget/ASMB
March 15, 1994
PHS - 341
KEY INFORMATION:
Fetal Tissue Transplantation Research
On January 22, 1993 President Clinton issued a directive to the
Secretary of HHS ending the five-year moratorium on Federal
funding of therapeutic transplantation research with human
fetal tissue derived from induced abortions (the Secretary
formally revoked the moratorium on February 1).
In March, NIH published interim guidelines on fetal tissue
research in the Federal Register. These have since been
superseded by the requirements and safeguards enacted by the
NIH Revitalization Act of 1993.
-- These provisions deal with the informed consent of the
donor, researcher and recipient, and the purchase and/or
solicitation of fetal tissue for research.
-- NIH published a subsequent Federal Register notice informing
the community of the enactment of these statutory
provisions, and the withdrawal of the Interim Guidelines.
Fetal Tissue Banks
As part of the Bush Administration's strategy to maintain the
ban on Federal funding of research on fetal tissue obtained
from induced abortions, PHS funded fetal tissue banks to
attempt to ensure the availability of fetal tissue from
spontaneous abortions and ectopic pregnancies for researchers.
On September 30, 1992, the National Institute of Child Health
and Human Development (NICHD) made five fetal tissue bank
grants for six month periods. Total funding was $1.5 million,
with $750,000 coming from the National Institute on Child
Health and Human Development (NICHD), and $710,000 from other
PHS agencies. Funding for the last six months of FY 1993 had
not been identified. The original intention at the time was to
fund these five grantees for a total of two years.
Three distinct functions of these grants were identified:
-- research on the epidemiology of spontaneous abortion and
ectopic pregnancy, and assessment of how often useful (i.e.,
non-infected and genetically normal) fetal tissue could be
obtained from these sources for potential use in
transplantation research;
-- research on processing fetal cells; and
-- establishment of a distribution network to supply fetal
cells to investigators for human transplantation.
Prepared by the Office of Budget/ASMB
March 15, 1994
PHS - 342
When President Clinton lifted the ban, NIH/PHS re-evaluated the
need for continuing the fetal tissue bank grants.
-- After consultation with experts from the scientific
community, NICHD recommended that only the research on the
epidemiology and assessment of using fetal tissue from
spontaneous abortions and ectopic pregnancies function
should be continued.
-- NIH continued funding these modified grants through for an
additional $726,000 through the end of FY 1993, and plans to
fund them at $1.4 million in FY 1994 and 1995.
Human Embryo Research
Human embryo research involves research to improve the success
of in vitro fertilization (IVF), as well as research on human
embryos not targeted to IVF, but directed to study of pre-
embryo metabolism, development and malformation.
Until recently, Federal regulations required research involving
in vitro fertilization (IVF) to be approved by an Ethics
Advisory Board (EAB). Because there has been no EAB in place
since 1980, Federal funding of IVF research was not possible.
The NIH Revitalization Act nullified the requirement for EAB
review and approval of IVF research proposals, and IVF
proposals may now be considered for funding through NIH's
existing Advisory Committee structure. NIH has received a
number of applications for support in this area.
Given the profound moral and ethical issues raised by the use
of human embryos in research, NIH/PHS have decided to develop
guidelines for Federal funding of human embryo research.
In January, NIH finalized a 19-member interdisciplinary panel
as a subcommittee to the Advisory Committee to the NIH
Director. The first meeting was held February 2-3, 1994, and 4
additional meetings are scheduled for March 14, April 11, May
4, and June 21.
-- The panel will recommend guidelines for Federal support of
human embryo research including the identification of areas
of research that: are unacceptable; warrant additional
review; and are acceptable for Federal support.
-- The panel is composed of an overall chair, two chairs for
science and policy, and 16 additional individuals with
relevant expertise in basic and clinical research,
ethics/theology, law, social sciences, and public policy
issues.
-- The current timetable calls for the panel to present a
report and recommendations to the Advisory Committee in
July, 1994.
Prepared by the Office of Budget/ASMB
March 15, 1994
PHS - 343
NIH has received approximately 40 applications for research
involving the human embryo, which are being held pending the
implementation of the guidelines.
Specific dollar amounts have not been budgeted for human embryo
research fro FY 1994 or 1995. NIH says that once guidelines
are in place, scientific merit and programmatic priorities will
determine how much work is supported in this area.
Prepared by the Office of Budget/ASMB
March 15, 1994
JUL 28 '94 03:50PM DHHS FDA DFM
RCV BY:FDA
i 5-15-84 10:58AM :
202 690 6808-> FDA PUBLIC AF-AIRS:# a
HHS FACT SHEET
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Mifepristons (RU-486) Brief Overview
May 16, 1994
Contact: FDA Press Office
(301) 443-1130
On Jan. 22, 1993, in one of his first official acts, President
Clinton issued a memorandum directing HHS Secretary Donna E. shalala
to assess initiatives to promote the testing and licensing of
mifepristone (RU-496) in the United States.
During early 1993, Secretary Shalala and FDA commissioner David
Kessler communicated with senior Roussel Uclaf officials to begin
efforts to pave the way for bringing RU-486 into the American
marketplace.
In April 1993, representatives of FDA, Roussel Uclaf and the
Population Council, a not-for-profit organization, met to discuss
U.S. clinical trials and licensing of RU-456. Over the last year,
the parties continued their negotiations, culminating in the
donation announced today. Roussel Uclaf will transfer, without
remuneration, its United states patent rights to mifepristone to the
Population Council. In turn, the Population Council will take the
necessary steps to bring RU-486 to the American market.
Mifepristone was developed by the French firm Roussel Uclaf.
The drug has been marketed for use to non-surgically terminate
pregnancy in France, the United Kingdom and Sweden. There are
several investigative trials underway with FDA for other uses of the
drug, including contraception, labor induction, Cushing's syndrome,
endometriosis, meningioma and breast cancer.
It must be recognized that termination of a pregnancy is not a
simple medical procedure, whether it is done surgically or through a
medical regimen. In France, the United Kingdom and Sweden, where
RU-486 has been administered to approximately 150,000 women, the
procedure requires several visits to B medical facility, a precise
dosing scheme using two different drugs, and close monitoring to
care for women who may experience excessive bleeding or other
complications. Any use of mifepristone in the United States would
have to follow the same type of strict distribution and use
conditions.
###
JUL 28 '94 03:51PM DHHS FDA DFM
RCV BY:FDA
; 5-10-84 :10:57AM :
202 690 6608-> FDA PUBLIC AFFAIRS:# 1
HHS NEWS
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOR IMMEDIATE RELEASE
Contact: Victor Zonana
Monday, May 16, 1994
(202) 690-6343
ROUSSEL DOLAY DONATES U.S. PATENT RIGHTS FOR RU-486 TO
POPULATION COUNCIL
MRS secretary Donna E. shalala announced today that French
pharmaceutical company Rcussel Uclaf, at the encouragement of the
Clinton administration, is donating, without remuneration, its
United States patent rights for mifepristone (RU-486) to the
Population Council, Inc., a not-for-profit corporation.
RU-486 has been marketed for non-surgical termination of
pregnancies in France, the United Kingdom and Sweden. The drug is
also under study for labor induction, contraception, Cushing's
syndroms, endometriosis, meningioma and breast cancer.
"We strongly believe that women in America should have access
to the full range of safe and effective alternatives to surgical
abortion," Shalala said. "The donation announced today is a big
step in that direction."
On Jan. 22, 1993, President Clinton signed a Presidential
Memorandum directing the Department of Health and Human services to
assess initiatives to promote the testing and licensing of RU-486 in
the United states.
- More -
re 28 '94 03:51PM DHHS FDA DFM
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- 2 -
Shalala commended Roussel Uclaf and the Population Council for
coming to closure after months of complex negotiations amid repeated
urging from the Clinton administration.
Shalala emphasised, however, that the donation does not mean
RU-486 has been approved for use in the United States. The
Population Council must conduct clinical trials, identify a
manufacturer and submit a new drug application to the Food and Drug
Administration.
"The FDA will do all 1t can to quickly avaluate rifepristone,"
said shalala. "FDA's decision will be based solely on the
scientific and medical evidence as to the safety and efficacy of the
drug. That is our responsibility to the women of America."
###
Relations with Faith Communities:
Positive Developments
The recently completed survey of executive branch departments and
agencies turned up a wide range of positive and productive
relations with religious groups and faith communities. These
activities fall into a number of different categories, including:
contacts in the normal course of business;
consultations on specific legislative and regulatory
initiatives;
consultations to address structural problems in the
relationship with faith communities;
formal conferences organized by departments to assess and
strengthen these relations;
speeches and appearances by senior department officials at
annual religious conventions and other meetings;
O
community outreach and service activities in cooperation
with religious groups;
designation of formal offices and liaisons to monitor
developments and take responsibility for relations with religious
communities.
In addition, some departments have consulted with academic,
policy, and public opinion experts to explore the effects of
specific issues and modes of public presentation on the response
of faith communities to the administration.
In my judgment, HUD and Education have made the most systematic
efforts to explore and strengthen relations with religious
groups. We may want to consider whether other departments should
be asked to study and, where appropriate, adopt the HUD or
Education models.
For reference, I attach memos from
Bruce Katz (HUD)
Kevin Sullivan (Education)
Tom Collier (Interior)
Michael Vandenbergh (EPA)
Kris Balderston (Labor)
Suzan Johnson (ONDCP, AIDS Czar)
Veterans Affairs
General Services Administration
08/02/94 19:43
)
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
THE SECRETARY
WASHINGTON, D.C. 20410-0001
August 2, 1994
MEMORANDUM TO:
William Galston
Deputy Assistant to the President
FROM:
Bruce Katz
Chief of Staff
Bm IH
SUBJECT:
HUD Involvement with the Religious Community
The religious community in this country has long been a source of
hope, determination and inspiration working in and throughout
communities across this country. It has served as a catalyst --
consistently investing in people and communities -- even when
individuals and governments could not or would not. Examples in
this regard abound and these examples prove that religious
institutions can and do have a major impact on housing, jobs, and
other critical social concerns.
Across America, the religious community is embracing entire
communitios boyond the sanctuary walls by providing affordable
housing, building shopping centers, schools, franchises and by
sponsoring innovative youth programs and investment cooperatives.
Much of this religious community activity is assisted by HUD
programs and directly forwards HUD's five priorities: reducing
homelessness; revitalizing public housing; expanding affordable
housing and homeownorship, ensuring fair housing; and empowering
communities:
In Minneapolis, Elim Baptist Church has run a supportive
housing program for the homeless for six years. With HUD
assistance, they rent multifamily units and buy single
family homes to place homeless familice.
In Queens, New York, the Allen African Methodist Episcopal
Church, led by the Rev. and Congressman Floyd Flake,
has built a senior citizens housing project with HUD Section
202 assistance, established a school and clinics, and used
CDBG funds to assist the purchase and rehabilitation of more
than 15 storefronts, bringing new businesses and jobs to
that community.
08/02/94 19:43
NO.970 P003
In Brooklyn, the East Brooklyn Congregations are using
HUD Nehemiah Housing program funds to provide affordable
homeownership opportunities for low income families.
In Newark, Father William Lindner has developed New
Communities Corporation into one the most effective
community empowerment organizations in the country. New
Communities develops affordable housing and job creating
commercial developments, operates daycare centers and job
training programs, and recently received a $21M HOPE I grant
to transform abandoned public housing units into affordable
homeownership units.
HUD-Religious Community Conference
HUD has sought to capture the commitment, leadership and
enthusiasm of the religious community and build upon the active,
ongoing relationship between the Department and the religious
community. On June 22, Secretary Cisneros convened a meeting of
more than 75 religious and church leaders from around the country
to discuss ways to facilitate the partnership between HUD and the
religious community. A list of attendees is attached.
Religious community leaders educated HUD staff on which HUD
programs worked well in their communities and identified specific
obstacles to effective use of HUD programs by Religious
Institutions. Specific actions taken following this conference
include:
Revision of HOME Regulations: In response to concerns
identified at the conference, HUD will publish a revision
this month of its HOME program regulations to facilitate
participation in the program by wholly secular entities
established by primarily religious organizations.
Review of Section 202/811 Elderly and Disabled Housing
Applications. The 202/811 programs have consistently been a
resource for churches and church-sponsored groups to build
affordable housing for the elderly and the disabled. The
current (FY 94) NOFA includes $1 billion in available
funding for the 202 program and $345 million in funding for
the 811 program. Several churches have applied under this
competitive NOFA. We expect the awards to be made in late
August.
Homeless: Religious Community leaders are increasingly
involved in providing services to homeless persons and
families. HUD committed to consulting with program
providers as it revises its programs in response to
Congressional enactment of proposed consolidated homeless
assistance programs.
08/02/54 19:43
Commitment to Continued Cooperation: HUD agreed to create
four Task Forces composed of HUD staff and Religious
Community leaders to continue work on issues identified at
the Conference. HUD also agreed to host regional meetings
with religious community leaders; to publish a report
capturing the success stories of community development
efforts and to explore other mechanisms for formalizing
future relationships between HUD and the Religious
Community.
Appointment of HUD-Religious Community Liaisons
In April, Secretary Cisneros created a specific liaison for HUD-
Religious Community issues within the Department's Office of
Special Actions and the assigned Anna Forbes Towns as the
liaison. Anna will serve not only as a point of contact for the
religious community for programs within HUD, but will also
represent the Secretary and the Department at outside events
involving the religious community.
On October 1, 1994, Dr. Suzan Johnson Cook, will join the
Department on a half-time basis to work on HUD-Religious
Community Issues as well. Dr. Cook currently serves as a White
House Fellow assigned to the White House Domestic Policy Council.
Suzan Johnson Cook is also Senior Pastor at Mariner's Temple
Baptist Church in New York.
Rainbow Coalition National Crusade
HUD and Secretary Cisneros have been working with the Rainbow
National Reclaim our Youth Crusade, founded by the Reverend Jesse
L. Jackson. The Crusade is a project of the Citizenship
Education Fund, designed to use coalition building and community
organizing to address the crisis of youth violence in the United
States. The goal of the Crusade is to organize coalitions of
churches, judges, educators, parents, elected officials,
government employees, corporations and others to implement and
administer violence prevention initiatives.
HUD has been working with the Crusade to help them plan a
training session for representatives from 25 cities. The
training session would help participants facilitate the community
organizing and coalition building process in their local
communities.
Secretarial Speeches
Secretary Cisneros has delivered speeches to two major gatherings
of religious community leaders. In April, the Secretary
addressed the Progressive National Baptist Convention at the
Harvard Divinity School in Cambridge, Massachusetts. In June,
the Secretary travelled to Hampton, Virginia to address the 80th
Annual Hampton University Ministers' Conference.
08/02/24
Areas of Controversy
The Office of Fair Housing and Equal Opportunity (FHEO)
administratively enforces the Fair Housing Act ("the Act"), which
prohibits discrimination in housing and residential real estate
related to transactions based on race, color, religion, sex,
national origin, familial status or handicap.
The Act expressly prohibits discriminatory advertising.
Specifically, the Act prohibits any individual who is engaged in
the sale or rental of a dwelling from making, printing, or
publishing any notice, statement, or advertisement that indicates
a preference, limitation, or discrimination based on race, color,
religion, sex, national origin, familial status or handicap.
For some years, beginning in the previous Administration, the
Office of Investigations, in FHEO, has investigated several cases
involving telephone directory advertising. Most of these cases
were based on information received by the Department regarding
discriminatory advertising in telephone directories.
One of these cases was resolved last fall with an agreement that
the directory company would undertake a systemic review and
revision of its advertising policies and practices and provide
training for its staff on an overall non-discrimination policy,
as well as other provisions, including a substantial money
payment. The parties agreed to keep the terms of this agreement
confidential. During the discussions with the company, U.S.
West, various provisions of existing Department guidance on non-
discriminatory advertising were discussed with the company.
Resolution Of the Issue
The company developed a policy, based on information provided by
HUD in November of 1993, addressing the use of religious names
and symbols in directory advertising. The policy in essence
states that in display advertising, use of names of entities with
religious overtones must be counterbalanced with inclusion in the
ad of language such as "all faiths welcome without preference."
The policy also states that references to religion in ad copy or
use of religious symbols in ads should be excluded from the ad
copy. The company has indicated to us that they wish to revise
their position on use of religious symbols -- to allow them in
display advertising with the "all faiths welcome" language.
Conclusion
To the extent there is continued confusion regarding the line
between free exercise of religion and the establishment clause of
the Constitution, HUD ia continuing to review its opinions so
that its role will be clearly supportive of religion while being
respectful of the mandates of the First Amendment.
Attachment
08/02/54 19:43
FEWE
HUD Religious Community Leaders Conference
June 22, 1994
List of Attendees
Bishop John Hurst Adams
Dr. Louise Cole
Senior Bishop
Executive Director
African Methodist Episcopal Church
Interfaith Coalition for Andrew
400 Arbor Lake Dr.
Recovery Effort, inc. (ICARE)
suite B300
111 Southwest 5th Avenue, Suite 104
columbia, SC 29223
Miami, PL 33130
Mr. Jeff Ballabon
Ms. Mary Cooper
Counsel to Senator John Danforth
National Council of Churches in DC
249 Russell Senate office Building
110 Maryland Avenue, NE
Washington, DC 20510
Washington, DC 20002
Dr. Lula Ballton
Rev. Luis Cortes
Executive Director
Executive Director
West Angeles Community Development Corp.
Nueva Esperanza, Inc.
West Angeles church of God in Christ
2530-36 N. 2nd street
3045 South Crenshaw Boulevard
Philadelphia, PA 19133
Los Angeles, CA 90016
Dr. Michael Battle
Executive Secretary
Ms. Lillian Curley
Hampton University Ministers' Conference
Organization for a New Equality
office of the Chaplain
4480 King Street
Hampton University
Alexandria, VA 22302
Hampton, VA 23668
Ma. condra TownSend-Brownc
Ms. shannon Daley
Deputy Director
Religious Affairs Coordinator
National Federal of Community
children's Defense Fund
Development Credit Unions
25 E St., NW
120 Wall Street, 10 FL.
Washington, DC 20001
New York, NY 10005-3902
Rev. Dr. calvin Butts, III
Rev. Audrey Daniel
Pastor
Program Director of the Philanthropy
Abyssinian Baptist Church
in the Black Church
132 W. 138th st.
Council on Foundations
New York, NY 10030
1828 L Street, NH, suite 300
Washington, DC 20036
Mr. Steve callahan
Ms. Angela Davis
Campaign for Human Development
Executive Director
United States Catholic Conference
National Rainbow Coalition
3211 Fourth street, N.E.
1700 K st., NW
Washington, DC 20017-1194
Washington, DC 20007
26/02/54 19:43
Rev. Stan Davis, Jr.
Rev. Mark Cornik
Executive Director
Pastor
The National Conference on Christians
New song Community Church
and Jews
1385 North Gilmore Street
360 North Michigan Avenue
Baltimore, MD 21217
chicago, IL 60601
Mr. Blaine DeNye
Rev. Dr. Arlee Griffin
vice President, Board of Directors
Pastor
Trinity United Church of Christ
Berean Missionary Baptist Church
1067 West 97th Street
1635-49 Bergen Street
Chicago, IL 60643-1578
Brooklyn, NY 11213
Rev. Dr. James M. Dunn
Father Joseph Hacala, S.J.
Executive Director
Executive Director
Baptist Joint Committee on Public
Campaign for Human Development
Affairs
United States Catholic conference
200 Maryland Avenue, N.E.
3211 Fourth street, N.E.
Washington, DC 20002
Washington, DC 20017-1194
Ms. Carter Echols
Executive Director
Rev. H. Beecher Hicks
Samaritan Ministry of
Pastor
Greater Washington
Metropolitan Baptist church
1516 Hamilton St., NW
1225 R Street, NW
Washington, DC 20011
Washington, DC 20009
Rev. Gerry Hutchinson
Rev. Dr. James A. Forbes, JI.
Associate Director
Senior Minister
church in Community Ministry
The Riverside Church
Department, Home Mission Board
Riverside Drive & 122nd Street
Southern Baptist Convention
New York, NY 10027
1350 Spring Street, NW
Atlanta, GA 30367-5601
Ms. vicki Gillette
Dr. Robert Jackson
Director of Member Services
chief Executive officer
National Association of Community
Quitman County Development
Development Loan Funds
Organization
924 Terry street, 3rd Floor
P.O. Box 386
Philadelphia, PA 19107
Marks, MS 38646
Mr. Jose Heiney Gonzalez
Mr. Keith Jasper
Deputy to the President
Financial Programs & operations
Catholic Charities, USA
Analyses
1731 king street
GE Capital Asset Management
Alexandria, VA 22314
2001 North Beauregard Street
Suite 1200
Alexandria, VA 22311
Ms. Adrienne Goode
Section Chief, Eastern Region
Center for Substance Abuse
Rev. James E. Jefferies
Prevention
Pastor
Division of Community Prevention
First Baptist church
and Training
21449 Potomac view Road
5600 Fisher's Lane/Rockwall II
sterling, VA 20164
Rockville, MD 20857
08/02/94 19:44
Ms. JoAnn Ragiwada
Ms. Judith Marker
Religious Philanthropy Programs
Executive Director of the
Council on Foundations
Eastend cooporative
1828 L Street, NW, Suite 300
250 North Highland Avenue
Washington, DC 20036
Pittsburgh, PA 15206
Ms. JoAnn Kane
Rev. D. Herbert Martin
Executive Director
Senior Pastor
McAuley Institute
Progressive Community Church
8300 Colesville Rd.
56 East 48th street
Suite 310
chicago, IL 60615
silver spring, MD 20910
Mr. Edward Kopf
Mr. Michael Mata
President
Bresee Institute
Yachad
3401 West Third Street
2027 Massachusetts Ave., NW
Los Angeles, CA 90020
Washington, DC 20036
Mr. Vincent Lane
Mr. Stuart McFarland
Chairman
President
chicago Housing Authority
GE Capital Asset Management
22 West Madison Street
2001 North Beauregard street
chicago, IL 60602
suite 1200
Alexandria, VA 22311
Rev. H. Michael Lemmons
Dr. Megan McLaughlin
Executive Director
Executive Director
Congress of National Black Churches
Federation of Protestant Welfare
1225 Eye st., NW, Suite 750
Agencies
Washington, DC 20009
281 Park Avenue South
New York, NY 10010
Msgr. William J. Linder
Ms. Lydia Morris
Founder
Assistant Director of Public Policy
New Community Corporation
Enterprise Foundation
11 Gray street
10227 Wincopin circle
Newark, NJ 07107
Columbia, MD 21044
Ms. sheri Link
Mr. Mark Meridi
Director of Church & Community Ministry
Senior Housing specialist
Columbia Baptist Church
B'nai B'rith Senior Housing Program
103 West columbia Rd.
1640 Rhode Island Avenue, NW
Falls Church, VA 22046
Washington, DC 20036
Ms. Carolyn Ludwig
Chairman of the Board
Dr. Marcy Murninghan
Good shephard Center for
Visiting Lecture on Religion &
Homeless Women
society
267 North Belmont Avenue
Harvard University Divinity school
Los Angeles, CA 90026
45 Francis Avenue
Cambridge, MA 02138
08/02/54 13:44
10.970 P209
Ms. Mary Nelson
Rev. Tyrone ritts
President
General Secretary
Bethel New Life
Progressive National Baptist
367 N. Karlov
convention, Inc.
chicago, IL 60624-1898
601 50th Street, NE
washington, DC 20019
Dr. Clarence G. Newsome
Ms. Diane Porter
Dean
Senior Executive for Programs
Howard University School of Divinity
Episcopal Church in the USA
1400 Shepherd St., NE
815 2nd Avenue
Washington, DC 20017
New YOLK, NY 10017
Mrs. Carol Norris
Mr. William A. Ross, Sr.
vice President
Consultant
National Congress for Community
Housing and Economic Development
Economic Development
second Episcopal District
1075 Connecticut Avenue, NW
African Methodist Episcopal Church
suite 524
10629 Green Mountain Circle
Washington, DC 20009
columbia, MD 21044
Dr. Mark Olshan
Rev. Donald Sakano
Director
catholic Charities
B'nai B'rith Cenior Housing Program
Archdiocese of New York
1640 Rhode Island Avenue, NW
1011 First Avenue
Washington, DC 20036
New York, NY 10025
Dr. Wardell J. Payne
Father Martini Shaw
Roscarch Dircotor
Member of the Executive Committee,
Research Center on Black Religious Bodies
CART
Howard University School of Divinity
360 North Michigan Avenue
1400 Shepherd st., NE
suite 1009
Washington, DC 20017
chicago, IL 60601
Mr. Tom Ehellabarger
Rev. Dr. Albert M. Pennybacker
Policy Advisor
President
office of Domestic Social
Ecumenical Development Initiative
Development
475 Riverside Drive, Suite 915
US Catholic Conference
New York, NY 10115-0915
3211 4th street, NE
Washington, DC 20017
Mr. Frederick J. Perella
Rev. J. Alfred Smith
Assistant to the President
Pastor
Raskob Foundation for Catholic
Allen Temple Baptist Church
Activities, Inc.
8500 A street
Kennett Pike & Montchanin Road
oakland, CA 94621
P.O. Box 4019
Wilmington, DE 19807
Ms. Nikki Smith
Ms. Karen Phillips
Executive Assistant to the Secretary
Executive Director
Maryland Department of Housing
Abyssinian Development corporation
and Community Development
131 W. 138th Street
100 community Place
New York, NY 10030
Crownsville, MD 21032-2023
08/02/94 19:44
NC.970 P010
Rev. Jonathan Staples
Rev. Dr. Clinton Washington
Director of Church Desk
President
Federation of Protestant Welfare Agencies
Baptist Convention for Washington DC
281 Park Avenue South
and vicinity
New York, NY 10010
Pastor, Jerusalem Baptist Church
2600 P St., NW
Washington, DC 20007
Ms. Susan stroud
Senior Advisor
Mr. Gregory Watson
The corporation for National Service
Vico President
1100 Vermont Avenue, NW, 10th FL.
Harlem Churches for Community
Washington, DC 20525
Improvement
2854 Frederick Douglass Boulevard
New York, NY 10039
Rev. Leon Sullivan
Founder and Chairman
OIC of America
1415 North Broad street
Rev. Dr. Preston N. Williams
Philadelphia, PA 19122
Houghton Professor of Theology
and Contemporary Change
Harvard University Divinity School
Elder Jerome Andre Thompson
45 Francis Avenue
Executive President
cambridge, MA 02138
Crusaders for Christ Evangelistic
Ministries, Inc.
2300 South 24th Rd., No. 740
Arlington, VA 22206
Ms. sondra Willingham
Senior Manager for Church Base
community Development
Honorable Walter R. Tucker, III
919 West Huntington Drive
House of Representatives
Monrovia, CA 91016
Finance & Urban Development
419 Cannon Building
Washington, DC 20515
Mr. Wayne Winborne
Program officer
Mr. John Tyman
Ford Foundation
Executive Director
320 East 43rd Street
Catholic Charities Housing Corp.
New York, NY 10017
catholic Charities USA
191 Joralemon Lane
Brooklyn, NY 11201
Dr. Blliott Wright
Consultant on Community Development
MI. Everett wallace
for the Lilly Endowment
President
National Program Division
Wallace Enterprise International
475 Riverside Drive, Room 300
210 West Kinzie Street
New York, NY 10115
chicago, IL 60010
STATE OF IDEATION
UNITED STATES DEPARTMENT OF EDUCATION
THE SECRETARY
MEDICAL STATES of ANTRICA
July 28, 1994
MEMORANDUM TO BILL GALSTON
THRU:
BILLY WEBSTER
CHIEF OF STAFF
FROM:
KEVIN SULLIVAN
RE:
EDUCATION DEPARTMENT AND THE RELIGIOUS COMMUNITY
CO-OPERATIVE ACTIVITIES
1. Assistant Secretary of Education Tom Payzant briefed members of
the Interfaith Alliance on GOALS 2000 on July 14th.
2. On July 25th The Secretary and the Deputy met with seven
teachers, all of whom have been honored as either a "State Teacher
of the Year" or a "National Teacher of the Year." These teachers
are self-identified "Christians" and or "people of faith" and two
have been featured on the cover of James Dobson's "Focus on the
Family" magazine dedicated to teachers.
The teachers support GOALS 2000 and are deeply offended by Dobson's
six page letter attacking GOALS 2000. At the same time, they are
all deeply concerned about the increasing rift between the
Christian community and the larger political society.
The teachers gave the Secretary an overview of what they are
hearing in their respective communities. Patricia Ann Baltz, the
1993 California and 1993 Disney Teacher of the Year, stated that
many parents are simply "afraid", that there is a pervasive fear
about how changes in education and what their children are being
taught.
All the teachers indicated that there is an enormous gulf in the
language used by religious-minded parents and teachers. Some of
parents view the use of "technology" and "writing portfolios" as a
potential invasion of family privacy and a new civil rights issue.
400 MARYLAND AVE S.W. WASHINGTON. D.C. 20202-0100
The teachers agreed to act as "bridges" to the Christian community
and work with us to set up a series of meetings with conservative
Christian leaders who are concerned about federal education policy.
We have tentatively scheduled a first meeting for the Secretary
next week in Kentucky where conservatives have begun to attack KERA
as a stalking horse for Goals 2000 and a federal take over of local
education.
3. The meeting with the teachers was immediately followed by a
larger meeting with representatives of mainline religious
organizations (see attachment). The seven teachers also
participated in this meeting as well. The purpose of this meeting
was to describe our "Family Involvement Initiative" and to enlist
the help of the wider religious community in this initiative. The
Secretary and the Deputy led the meeting.
The meeting was described as a "breakthrough" meeting by one of the
representatives even though there was some sense that the
Establishment Clause of the First Amendment may create significant
problems at the program level.
There was a general agreement, following the lead of Sister Lourdes
Sheehan of the U.S. Catholic Conference, that these religious
organizations would support our efforts and be willing to meet
again. James Smith, representing the Southern Baptist Convention,
was the only representative of a religious faith who did not speak
at the meeting.
4. Terry Peterson, the Secretary's Counselor, myself and other
staff members met with Gary Beckner, the Exec. Director of the new
"Association of American Educators," that was started this year and
recently received favorable notice as an alternative to the NEA by
James Dobson in his "Focus on the Family" letter attacking GOALS
2000.
Mr. Beckner defined himself as a "Christian" and pro-public
education and seeks to identify his organization as a trade
association for teachers who care about values education. He
believes that conservative minded teachers aren't at the table when
decisions are made and they need to be represented by something
other than the NEA. He indicated his willingness to act as a
bridge to conservative Christian groups.
5. Mike Cohen and Kevin Sullivan met with Leslie Lenkowsky, the
President of the Hudson Institute, who suggested that the Institute
would be like to sponsor a day long dialogue with conservative
intellects and religious thinkers early next year to find points of
connection.
We indicated we would be interested in such a dialogue but at a
lower level of involvement without the Secretary at this time, and
that for such a meeting to work it had to be a serious, low-key
effort without political fireworks.
Agudath Israel of America
Mr. Abba Cohen
Director, Washington Office
1730 Rhode Island Avenue, NW, Suite 411
Washington, DC 20036
Agudath Israel is the nation's largest grassroots Orthodox Jewish
movement, with 19 divisions and tens of thousands of members across
the country. It represents the interests of approximately 550
elementary and secondary schools under the umbrella of the National
Society for Hebrew Day Schools, serving a population of 120,000
students.
Association of Christian Schools International
Dr. John c. Holmes
Director for Government Affairs
1023 15th Street, NW, Suite 500A
Washington, DC 20005
ACSI is the largest evangelical Christian school group with 2,463
schools and 461,511 students.
American Association of Christian Schools
Mr. Martin Hoyt
Legislative Office
P.O. Box 15304
Washington, DC 20003
This fundamentalist Christian group has 1,252 schools and 175,000
schools nationwide. Secretary Riley met with AACS President Dr.
Carl Herbster.
Presbyterian Churches USA
Ms. Bernadine McRipley
100 Witherspoon Street
Louisville, KY 40202-1396
Southern Baptist Convention
Mr. James A. Smith
Director, Government Relations
400 North Capitol Street, NW
Washington, DC 20001
List of Religious Representatives
Attending 3:30 Meeting
United States Catholic Conference
Mr. Fred Brigham
representing Sister Lourdes Sheehan
Secretary for Education
3211 4th Street, NW
Washington, DC 20017
Mr. Kenneth Dupre
Director, Office of Catholic School Parent Organizations
3211 4th Street, NW
Washington, DC 20017
USCC represents the Catholic Bishops of the United States and, in
so doing, represents the Catholic Schools throughout the country.
Catholic schools compose approximately 35% of all private schools
and educate approximately 54% of all private school children. USCC
has approximately 20 state affiliates.
National Catholic Educational Association
Sister Catherine McNamee
President
1077 30th Street, NW, Suite 100
Washington, DC 20007-3852
NCEA is a membership organization representing private schools,
their teachers, and parents. Statistics above relate to NCEA. In
addition, NCEA represents members in religious education (separate
from Catholic schools).
Lutheran Church Missouri Synod CDID NOT ATTEND)
Ms. Elizabeth Fluegel
Interim Director
Office of Government Affairs
5 Thomas Circle, NW, 5th Floor
Washington, DC 20005-4153
LCMS is the Largest religious school system after Catholic
education. There are over 2,000 schools serving over 250,000
students.
OFFICE
or
Shiloh Baptist Church, Washington, DC
Rev. Justus Reeves
Minister of Church Education
National Association of Evangelicals
Mr. Forest Montgomery
Office of Public Affairs
1023 15th Street, NW
Suite 500
Washington, DC 20005
DEPT INTERIORDC
THE
United States Department of the Interior
U.S.
OFFICE OF THE SECRETARY
MARCH
1849
Washington, D.C. 20240
MEMORANDUM
July 29, 1994
To:
Christine
From:
Tom Collier
Regarding: Department of the Interior and the Religious community
The Religious Community and the Environment
There is a faction of the Christian religious right that abhors environmentalism and conservation
as anathema to God's having granted man dominion over the earth and its resources. The
argument would be that we need not worry about saving trees or critters because the Lord will
send more, and because we are to be master over the earth. Therefore, protection for
endangered species, in this theologic view, could be considered a sin against God: it violates His
directive for human dominion.
In the more mainstream world, however, there is support for environmental protection among
national spiritual leaders. Many leaders and individuals in traditional religions understand the
nexus between environmental health (clean air, water, soil, etc.) and human health. Many
human problems such as starvation and disease are directly linked to loss of tillable soils, cutting
of forests and air and water pollution. Many religious leaders understand that the care and
nurturing of the environment are necessary for a healthy human flock.
There is a loosely-organized Religious Coalition for the Environment for whom the White House
organized a day-long meeting this past spring: Secretary Babbitt spoke to them and was very
warmly received. This group may hold some promise for expanding grassroots support for the
Administration's environmental agenda--also as a counterweight to the anti-environmental wing
of the Christian right. (In the pro-choice community, the Religious Coalition for Abortion Rights
began humbly, but has become a critical tool to keep the right from "owning" the issue on moral
grounds.)
Our Issues and the Mainstream Religious Community
Except for Native American issues and their generally positive link with the Native American
spiritual community, our issues do not have a hard link with organized religious institutions; one
exception being the U.S. Fish and Wildlife Service's Eagle Permit Program. Recently the White
House and the Service via Presidential Executive Order and Director's Order established new
policies and procedures for distributing eagle carcasses, feathers, and parts to Native Americans
for religious purposes. The Director of the Service authorizes and requires employees, through
DEPT INTERIORDO
the Eagle Act, to salvage, transport and ship available eagles to a central repository for
distribution to Native Americans. The new orders ensure that all known eagle carcasses are
promptly shipped to a repository; that the repository be relocated to a more central location; that
the highest priority for eagle carcasses is Native American religious purposes; and that the
permitting process be simplified. The President's Executive Order also expanded the prompt
collection and shipping of eagle carcasses to include other federal agencies.
There are other links between our natural resource policies in the mountain and coastal West--for
better or for worse at the moment. In the Pacific Northwest, for example, the Catholic
Archbishop spoke at the President's Forest Conference about the human elements in the logging
dispute. The Archbishop was then unsatisfied with the President's Forest Plan, but was
supportive of the economic assistance package to offer help to displaced timber workers and
their families and communities.
For the most part, however, the Western religious community is a battlefield yet to be occupied
by either side. In the mountain states, there is a risk that the wise-use opponents of grazing and
mining reform will take to the pulpits in the continuing partisan attacks on these policies. As
we move into the election season we can expect such partisan rhetoric to intensity, and the
"church as town hall" will become attractive.
We have an opportunity to tie our conservation efforts to some basic tenets embraced by many
traditional religions. Humankind as a responsible steward of the earth's living and non-living
resources is not a concept developed by the Administration or the environmental movement. It
is, rather, deeply rooted in religious values. For instance, the Secretary's call to citizens to "live
more lightly on the land" is a modern day analogy to biblical instructions that farmers' fields
lie fallow for a time. Similarly, the Endangered Species Act is friendly to the values embodied
in the Noah's Ark tale: God said to save two of all the beasts, not just the cuddly ones.
Concern about so-called takings legislation has stirred up some religious opposition, to our
benefit, out of fears that under total freedom of private property, a pornography dealer could
set up shop next to a church.
On the Horizon
Senator Inouye's bill S. 2269, the "Native American Free Exercise of Religion Act." is an
important component of our efforts to protect the rights of Indians to practice their traditional
religions. The bill is intended to ensure that Federal land managers will consult with tribes to
prevent conflicts with traditional sacred sites. The bill would also protect the rights of Indian
prisoners and the religious use of peyote. The Departments of the Interior and Justice testified
in strong support of the concept and intent of the legislation. The Administration testified that
there are concerns about the definition of "Indian Tribe" in the bill and that any final legislation
must be limited to Federally-recognized tribes. The Senate Committee on Indian Affairs is
scheduled to do a markup of the bill Monday, August 1. Prospects of passage of the entire
package appear dim this year.
CrA
7-29-94
3:16PM
:
EPA ADMINISTRATOR-
94562983: 2/ 2
AGENCY MED
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OFFICE OF
THE ADMINISTRATOR
MEMORANDUM FOR LAURIE LABUDA, THE WHITE HOUSE
FROM:
Michael P. Vandenbergh
Chief of Staff
SUBJECT: EPA Interaction with the Religious Community
This memo responds to the request from Bill Galston for information on EPA's
relationship with the religious community.
1. EPA Activities During the Past Year
On June 16, 1994, Administrator Browner and other top Administration officials
participated in a meeting of the National Religious Partnership for the Environment (NRPE)
sponsored by the White House. The meeting was designed to open lines of communication with
the religious community on key environmental issues. The NRPE represents a potentially large
constituency for environmental protection efforts.
Aside from the Administrator's address to the NRPE gathering, other top EPA staff also
have met with religious organizations throughout the year to discuss the Administration's
environmental priorities. For example, EPA's Assistant Administrator for Solid Waste and
Emergency Response, Elliot Laws, spoke to the National Council of the Churches of Christ in
December. 1993, about contaminated waste issues impacting low-income communities.
2. Issues of Concern to the Religious Community
Environmental issues do not tend to be particularly controversial among religious
constituencies. Some in the religious community have been involved with the emerging
environmental justice movement, which seeks to protect low-income and minority populations
from hearing a disproportionate share of the pollution burden in the U.S. Environmental justice
issues are often sensitive. EPA has taken a number of steps to work with the religious community
in the area of environmental justice and is holding discussions with NRPE about potential
cooperative projects to enhance community involvement at Superfund sites and to identify and
reduce environmental hazards in the Mississippi Delta, an area of concern to environmental justice
advocates
Recycled/Recyclable
Printed with Boy/Cancia Ink on paper that
contains at least 50% recycled fber
TO:
Steve Silverman
FROM:
Kris Balderston
DATE:
August 3. 1994
RE:
DOL Interactions with Religious Organizations
You requested information on DOL contacts and interactions with religious groups and
organizations.
Based upon the information we have gathered so far. the Department's interacrions with
religious entities seem to fall into three categories:
1. "Course of business" interactions with religious groups as employers. Several
Department agencies enforce laws and regulations with which employers must comply: the
Wage and Hour Division of the Employment Standards Administration: the Occupational
Safety and Health Administration: the Pension Welfare Benefits Administration, to name
three. Religious groups as employers are subject to some of these regulations and exempt
from others. DOL agencies may have contact with such groups in their capacities as
employers, either as the subject of enforcement actions or investigations or providing them
with assistance in determining whether they are exempt.
2. Outreach to religious groups on specific Department initiatives. The Department
frequently speaks to and consults with outside groups - corporations, unions, community
based organizations, as well as religious organizations - concerning our various initiatives,
such as School-to-Work, the Reemployment Act, and our efforts to address the problems of
low wage workers and farm workers. For example, a Deputy Assistant Secretary for
Employment and Training spoke to the U.S. Catholic Conference on the Recemployment Act.
3. Groups that receive DOL program funding, Religious groups or individuals may apply
for and receive Department funding for DOL-related programs, provided that they meet the
necessary qualifications and, in the case of competitive grants, present superior proposals.
Such funding may be direct or through state or local organizations. For example,
Focus:HOPE Center for Advanced Technologies in Detroit, Michigan, which is run by
Father William Cumingham, receives Department funding, as does Opportunities
Industrialization Centers of America (OIC), run by the Reverend Leon Sullivan. (Both
organizations provide employment and training services to urban populations. Focus:HOPE
was featured at the What Works conference in March - Father Cunningham was on President
Clinton's panel at the conference.)
4. Civil Rights Organizations. The Department is making an effort to reach out to Civil
Rights organizations and leaders on a variety of issues, in particular to get their input on
employment and training issues that affect disadvantaged and urban communities. Religious
groups and individuals active in civil rights are among those with whom we are in contact.
The Reverend Leon Sullivan is an example in this category as well.
A quick survey of Department agencies turned up no specific instances of extraordinary
contacts or incidents - positive or negative - with religious organizations. Basically, the
Department interacts with such organizations as it does with a host of other community and
social service organizations.
Please let us know if you require additional information.
EXECUTIVE OFFICE OF THE PRESIDENT
28-Jul-1994 10:34am
TO:
William A. Galston
FROM:
Suzan D. Johnson
Domestic Policy Council
SUBJECT: President & Religious Community
Bill:I wanted to update you on the various conferences that I have worked on
throughout the year with the religious community and the Administration.
Dr. Lee Brown, ONDCP, hosted various religious leaders this past March to begin a
conversation about a national dialogue with the religious community around drug
prevention. There were about fifty attendees, and a committee was formed to work
with Arthur Houghton who is Dr. Brown's contact, for a possible summit in 1995.
There were also several prayer breakfasts that were closed to me, with about 12
or so ministers at a time. Flo MacAfee can share more with you. In this arena,
it would be helful to the President to use his in-house "ministerial connection"
to help with the formation of these events.
I also worked with Secretary Cisnero's Special Action office to host a religious
leaders roundtable and work session to see ways that HUD and the religious
community can partner together for communities, focusing on HUD's five major
areas of concentration.
Finally, Christine Gebbe hosted several African-American clergy on the subject
of AIDS for a one-day conference. This was as a result of the Black Leadership
Commission on AIDS conference that she and I attended last October for the
President, in conjunction with the National Baptist Convention;s annual session.
Both HUD and the White House sent myself and Anna Forbes Townes to the Hampton
Ministers' Conference this past June,. It is the larget gathering of
African-American clergy in the world(7000) and would be a mistake for Pres.
Clinton to miss next year. Secretary Cisneros attended it.
P.S. My church, which will be 200 years old next year is the oldest Baptist
Church in Manhattan and the only large church headed be an African-American
female. All boroughs of New York are represented. It would be a wonderful
opprtunity for President Clinton to get a cross-section in one room. Wednesdays
at 12 noon are preferable becauyse you have everyone there from Blue Collar
workers to Wall Streeters and a significant population of the NYC Police Dept. W
ho are supportive of his
community policing.
Let me know if there is any other way I can be helpful.
08 03.94
15:40
202 273 4877
V.I USEC
ALLAIRO
08/03/94
11:40
08/03/94
12:07
as 804 728 3179
CHAPLAIN CENTER
004/006
2002
Department of Veterans Affairs (VA)
Veterans Health Administration (VHA)
National VA Chaplain Center
White Paper on Activities that Affect the Religious Community
Purpose: To respond to a White House request for information on programs and
activities that support the President's desire to preserve and enhance his
relationship with the religious community.
Background: The National Department of Veterans Affairs Chaplain Center in
Hampton was established as a Center of Excellence in 1992. An early goal of the
National Center was to expand the outreach of the department with the religious
communities who provide clergypersons as chaplains for the Department of
Veterans Affairs. Several goals were established that impact the religious
community: VA/Department of Defense Sharing, VA/Religious Community
Sharing and Participation in National Meetings.
Current Status:
VA/DOD Sharing. The National Center initiated dialogue with the
Chaplain Corps of the Army, Navy and Air Force out of which has been
developed the Pastoral Care Residency Program to provide training for VA and
DOD chaplains as well as potential candidates from the community at large. The
Hampton Roads Chaplain Prep Center now has five Navy chaplains and one VA
chaplain currently in training in the Hampton Roads area. Dialogue continues
with the Army and Air Force Chief's offices to expand this program nationwide.
VA/Religious Community Sharing. In August 1993, the National Center
hosted an intensive three-day consultation with 20 clergy leaders from the
national faith group communities who provide clergypersons as chaplains for the
VA. A second consultation is scheduled in August 1994. Through this
consultation the departments affirmative action/diversity recruitment goals are
reinforced as part of the total commitment to excellence.
08/03/94
15:40
202 273 4877
11 OSEC
CABINET AFFAIRS
0
003 003
08/03/94
11:40
08/03/94
1
12:05
804 728 3179
008/006
CHAPLAIN CENTER
003
Through the relationship with the endorsing community the National Center
has supported interface with the major veterans service organizations to explore
mutuality of goals including volunteer recruitment and support of National Health
Care Reform.
Through our Chaplain Service at Portland Oregon VA Medical Center, a
clinical ethics residency has been established under the preceptorship of the
Chief. Primary recipients of this training are the clergy of the greater Northwest
area.
Chaplains at most of our local VA Medical Centers are active participants
in inter-faith clergy associations and many host at least one of the meetings
annually in addition to providing an annual clergy seminar at the facility. This
in turn enables the local VA Medical Center to utilize the resources of the
religious community for referrals.
National Meetings: The staff of the national center actively participates in
national meetings within the religious communities in order to support
recruitment goals and resource sharing. This includes:
- DIALOGUE "94/Congress on Ministry in Specialized Settings
(May 1994) an international meeting of over 3,000 pastoral care providers,
administrators and educators
- Military Chaplains Association Annual Institute (April 1993, 1994
Annual Black Ministers Conference (June 1993/1994) in Hampton, Virginia, with
an attendance in excess of 6,000
- National Catholic War Veterans Convention (August 1992, 1993)
- National Jewish War Veterans Convention (August 1992, 1993,
1994).
The Director, Chaplain Service participated with additional religious
leaders and others in a conference on the human side of downsizing at the Federal
Quality Institute (May 1994)
08/02/94
16:05
2022191243
ADMINISTRATOR
002
August 2. 1994
MEMO TO
Christine Varney
Cabinet Secretary
FROM:
General Services Administration
SUBJECT:
Religious Right
RESPONSE TO QUESTION 1
GSA's community relations activities are varied in scope. Highlighted below
are those activities that we engage in with communities of faith.
o Senior Citizen's Counseling and Delivery Service
GSA adopted the Senior Citizens Counseling and Delivery Service in 1989. This
organization is the District's lead agency for aging services in Ward 8. The
mission of the SCC&DS is to respond to the economical, physical, mental and
emotional well-being of senior citizens in the District of Columbia. The
SCC&DS is located in the Rehoboth Baptist Church in southeast Washington.
Rehoboth is instrumental in assisting the SCC&DS with their mission.
GSA provides support to the SCC&DS by donating clothing and non-perishable
contributions, serving meals to foster grandparents, providing support and
miscellaneous services, assisting with physical improvements of their facility
and serving on Boards and Advisory Committees to help address the concerns of
senior citizens and build better relationships in the community.
o Adoption of the Gates Family
In 1993, the Greater Mt. Calvary Baptist Church (located in northeast
Washington) encouraged GSA to expand our community relations base beyond
community organizations and strive to reach the people directly. In doing so,
the Office of the Chief Financial Officer initiated the adoption of a family
who needed assistance and could benefit from the support of GSA. The Gates
family was selected from the Mt. Calvary Baptist Church.
0 Mt. Carmel House
The Mt. Carmel House is a Catholic organization that provides support to
individuals and families in need.
GSA has provided thanksgiving baskets to this organization. This organization
maintains a list of families with specific needs.
o St. Ann's Infant and Maternity Home
St. Ann's is a Catholic organization founded by the Daughters of Charity. It
is a home for babies and young children who are in crisis because of
mistreatment, neglect, abandonment, homelessness, family emergency or parental
incarceration. In addition, St. Ann's is also a home to pregnant adolescents
who have nowhere else to turn. St. Anns' teaches these young women parenting
and independent living skills, provides them with educational opportunities,
and child care for their babies.
GSA employees provide support to St. Ann's Infant and Maternity in the
following ways:
- Conduct fund-raising activities such as bake sales, baby showers, etc. to
raise funds to donate to the Home.
- Sponsor clothing and book drives for residents of St. Ann's.
-
Host special events for the mothers and children at St. Ann's.
- Provide donations of baby clothes, baby items, toys, books and games.
- Organize and update St. Ann's small library.
- Make personal visits to St. Ann's. (last year St. Ann's reported
approximately 300 visiting hours for GSA employees).
RESPONSE TO QUESTION 2
There are no regulations, administrative or legislative issue that we deal
with as it relates to religious or faith communities.
When implementing community relations projects on behalf of GSA we act in
accordance with existing Public Laws, Executive Orders, the Federal Personnel
Manual and internal GSA Orders and correspondence from General Counsel.
This information applies when implementing all community relations
initiatives.
file
LEAD Us NOT INTO TEMPTATION
A Christian Case Against School Prayer
JOE LOCONTE
I
God truly answers prayers, then politicians, lawmak-
prayers or a "moment of quiet reflection" have hit a new
ers, and religious activists may soon have Him working
crescendo. At least six states-Maryland. Virginia, Geor-
overtime: Speaker-elect of the U.S. House of Repre-
gia, Mississippi. Tennessee, and Alabama-now allow
sentatives Newt Gingrich promises a constitutional
prayer or quiet reflection in class. Pennsylvania, South
amendment allowing voluntary, student-led prayer in
Carolina, Florida, and Oklahoma have considered similar
public school; President Clinton says "there is room" for
laws. Gingrich has anointed Representative Ernest J. Is-
such prayer in public education: over the last 18 months,
took Jr., (R-OK) to oversee hearings on school prayer in
school prayer initiatives have passed or appeared in at
all 50 states. anticipating a floor vote by the fourth of July.
least 10 state legislatures.
Student prayer has always been popular with the ma-
Not everyone, of course, is ready to invoke a hearty
jority of Americans: At least 75 percent consistently favor
Amen. Strict church-state separationists cite constitu-
returning prayer to the schools. What is new about the
tional objections, while religious minorities and secular-
latest surge in interest is the growing support from liberal
ists worry about coercive pravers in class. But more
politicians and black urban leaders and clergy. Prayer
surprisingly, a growing number of conservative, evangeli-
legislation recently was supported by the majority of
cal Christians are raising deep concerns about the diffi-
Democratic council members in the District of Columbia,
culties that even student-led prayer creates in matters of
including Mayor-elect Marion Barry. Democrats like Flor-
faith, conscience and civility. And the doubts and criti-
ida state Representative Beryl Burke and Georgia state
cisms are coming from some of the most influential
Senator David Scott have pushed similar measures.
quarters of this faith community-including academics,
seminary leaders, and legal scholars and activists. "It's a
THE CASE FOR PRAYER
diversion," savs Steven McFarland, director of the Chris-
One of the primary arguments for school prayer is
tian Legal Society's Center for Law and Religious Free-
historical: American society always has been religious,
dom. "It's a diversion of our legal energies, it's a diversion
and public prayer seems an appropriate reflection of the
of our spiritual focus, and it anesthetizes the churches."
nation's emphasis on faith and religious freedom.
The modern exclusion of prayer from public schools,
NEW WAVE OF SUPPORT
say proponents, reveals a deep-seated and historically
Ever since the Supreme Court declared prayer in the
inappropriate hostility to religious belief. "Right now
public schools unconstitutional. religious conservatives
there's almost a total absence of religion in the schools,"
have been longing-and lobbying-for its return. In the
says Robert Dugan, director of the public affairs office for
1970s. school prayer was one of the issues that helped
the National Association of Evangelicals. Court rulings
propel conservative Christians into national politics. One
that remove the Ten Commandments from school walls,
evangelical Protestant leader called the Court's ban on
textbooks that delete the religious motivations of the
prayer "the darkest hour in the history of the nation." By
American Founders, prohibitions against graduation
1980, invigorated evangelicals helped elect Ronald Rea-
prayers-all are seen as attempts to purge the public
gan on a platform endorsing a constitutional amendment
schools of America's religious roots. "We need an honest
to restore voluntary school prayer. Such bills were pro-
look again at the role of faith in our history," Dugan says.
posed. but never cleared Congress, and by the mid-1980s,
A second argument by prayer advocates is theological:
states were limited to passing moment-of-silence laws.
Schools and other public institutions have a responsibility
Then came the 1992 U.S. Fifth Circuit Court of Ap-
to acknowledge the Deity, because the denial of God in
peals decision allowing "non-sectarian" student-led
civic life carries profound social consequences. Evangeli-
prayers at graduation ceremonies. The Supreme Court
cals draw from the New Testament letter of Romans,
declined to review the ruling, and several lower federal
courts have issued conflicting decisions in similar cases.
JOE LOCONTE is deputy editor of Policy Review and a former
Since then. attempts to reintroduce either school
senior news correspondent for Christianity Today.
24
Policy Review
OREGON
GEORGIA
WEST
STATE
VIRGINIA
14th
KNOWS
NEW
KIDS
NEED
to PRAY
TERSEY
LORIDAR
NEED
KIOS PRAY
MI
KIDSPAAY,
KIDSRAY
The Bettmann Archive
KIDSPRAY,
Demonstrators in front of the Supreme Court. Prayer advocates argue that American society has always been deeply
religious, and public prayer is an appropriate reflection of our nation's emphasis on faith and religious freedom.
which describes the moral decay that accompanies rejec-
state church, and on the other the dangers of a public life
tion of God and his moral law. School prayer "reminds
without any ideals at all."
you that the state is not the final power, but that there is
In the 19th century, Protestant evangelicals eagerly
a God above the state, and that is a very useful thing for
backed the establishment of state-run public schools-
young people to be reminded of," says Harold O.J.
with teacher-led prayers and Bible readings-largely as a
Brown, director of the Rockford Institute's Center on
way to nurture Protestant values in public life. Religious
Religion and Society.
historians like Sydney Mead even claim that public
A third rationale for school prayer amounts to plea for
schools in America took over some of the basic responsi-
civil order: It could help slow the social chaos and spiritual
bilities traditionally assumed by an established church.
decay that are infecting youth culture. "With all the
Though non-denominational in content, many of the
student unrest and violence in school, we need a little
religious practices in public education were considered
calming influence," said Bill Kron, father of two students
either inadequate or offensive to Catholic and Jewish
from Wingfield High School in Jackson, Mississippi,
audiences. Protestant hymns and use of the King James
where prayers were recently read over the intercom. "If
Bible were especially irksome to Catholics, who soon
we can stop and pray a little, the situation might be
voted with their feet: By the 1880s, the Catholic parochial
better."
school was the single most important educational institu-
tion in the Catholic community. By 1900, there were more
than 3,800 such schools. Though Jews mostly sent their
EVER-PRESENT DISSENT
children to public schools, they were deeply troubled by
The historical argument for school prayer is at once
the Protestant overtones in classrooms-including
compelling and problematic. The religious accent that
prayers in the name of Christ and readings from the New
typified much of public education up until the 1960s grew
Testament.
out of a larger cultural consensus-a generalized, moral-
"I remember from mv childhood the Jews and others
istic Protestantism. Expressed in everything from public
whose consciences were bruised by the way we Christians
nativity scenes to presidential benedictions, this Christian
presupposed a civil religion, with a pretty strong Christian
ethos formed the basis for the nation's public or civil
tone to it," says Richard Mouw, president of Fuller Theo-
religion. "A moderate form of civil religion emerged in
logical Seminary in Pasadena, California. Thus, even in a
America as a form of social compromise between two
society permeated by a vague brand of Protestant values,
instinctively perceived extremes," writes cultural histo-
public school prayers always had created problems for,
rian Os Guinness. "On the one hand, the dangers of a
and protests by, religious minorities.
Winter 1995
25
be extreme sensitivity on the part of the dominant major-
CONSCIENCE AND COERCION
itv that they don't trample the rights of religious minori-
The theological basis for school prayer. that disbelief
ties."
in God carries with it social consequences. finds wide-
Some prayer opponents point to the acutely peer-con-
spread agreement. "Christianity is quite crucial to the
scious climate of the classroom. With organized prayer.
morality on which constitutional and democratic govern-
students would be asked either to knowledge or ignore
ment depends." savs Glenn Tinder. retired University of
what is essentially an act of worship among the faithful.
Massachusetts professor of political science. Conservative
It's one thing for members of Congress to begin a legis-
Catholics such as former Education Secretary William
lative session with praver or for the Supreme Court to
Bennett, along with political liberals such as Yale law
open with "God save the United States and this honorable
professor Stephen Carter, echo evangelicals who link
court." But it's quite another thing for a minor, who has
social stability with belief in God.
no choice but to be in school, who is there without her
However, many of these same evangelicals doubt the
parents. who perhaps already is having trouble fitting in.
ability. and the propriety, of school prayers enlisted in this
Michael McConnell. a University of Chicago law pro-
way. Their concern is not with religious activities ruled
fessor and an evangelical who has argued religious liberty
constitutional. such as students meeting on school
cases before the Supreme Court, sees mostly trouble with
grounds for private prayer and Bible study, or student
classroom prayer. "School prayer is a very bad idea from
benedictions at graduation ceremonies. Their focus is on
an evangelical point of view," he says. "We should fight
formal, ongoing, public prayers-even when voluntary
the notion that secularism is neutral, but that doesn't
and led by students.
mean Christians have a right to dominate the message
Most of the state laws don't go as far as the intercom
that's communicated in the public schools."
prayer in Mississippi; they tend to confine organized
praving to "school events" and to hours outside the
THE MAJORITARIAN IMPULSE
regular school day. Some, however. could allow for daily.
Many prayer advocates simply disagree. Defenders of
school-wide prayers modeled on Wingfield's: "Almighty
school-wide public prayers, such as Mississippi activist
God, we ask that you bless our parents, teacher and
Bobby Clanton. argue that the majority of their commu-
country throughout the day. In your name, we pray.
nities are conservative Christians, and they should have
Amen." That prayer, even more tame than the New York
the right to decide whether and how to pray in the public
Board of Regents prayer rejected by the Court in 1962,
schools. "We're tired of yielding to a tiny minority,"
was thrown out by the school's superintendent. It is too
Clanton told the New York Times. "What about our rights?"
early to tell if the constitutional amendment sought by
This is known as the majoritarian argument: We've got
congressional conservatives would permit similar, stu-
the numbers and we can control the levers of power. In
dent-initiated prayers.
the case of Wingfield High, 490 students voted to have
the prayer read over the intercom; 96 voted against it. In
'WHEN YOU PRAY, GO INTO
the South, where a Protestant ethos still dominates many
communities, the majoritarian argument seems plausi-
YOUR ROOM, CLOSE THE DOOR
ble. "People assume that Protestant consensus," says
Nathan Hatch, vice president for graduate studies and
AND PRAY TO YOUR FATHER,
research at the University of Notre Dame. "They assume
WHO IS UNSEEN."
a prayer that wouldn't offend them."
There is much to be said for communities helping to
- MATTHEW 6:6
shape the curricula and moral climate of their public
schools; however, when it comes to matters of faith, the
majoritarian impulse ignores the lessons of church his-
Many religious conservatives, however, agree with the
tory. Martin Luther's proclamation before the Roman
High Court's ruling banning state-sponsored school
Church-"to go against conscience is neither right nor
prayer, and argue that student-led prayers can have a
safe"-laid the groundwork for the Protestant insistence
coercive effect in the unique environment of public edu-
on religious liberty and freedom of conscience. Many of
cation.
America's Protestant churches, of course, began as per-
Critics fear that if regular, organized public prayers are
secuted rebels challenging the culturally dominant
allowed in school, the trappings of an enforced public
Catholics or Anglicans. "The same parents who press for
religion could return to the classroom: A student recites
prayer in the South would be outraged by Buddhist medi-
a prayer, approved by a school official; the prayer is
tation in Hawaii or readings from the Book of Mormon
delivered before the class, or over the public address
in Utah," says Os Guinness. "For them to argue like
system to the entire school; a school official designates
European Anglicans [with their established church] is an
who reads the prayer; attendance is required; the stu-
exercise in historical amnesia."
dents, all minors, are asked to participate or remain
A majority-prayer rationale also fails to face the pro-
respectfully silent.' Religious expression and dominance
found cultural and religious diversity that characterizes
in culture must be from the bottom up, not the top
national life. There are at least 1,200 organized, distinct
down," says Richard Land, executive director the Chris-
religious groups in America, many of them outside the
tian Life Commission, the religious liberty agency of the
Judeo-Christian tradition; self-proclaimed secularists
Southern Baptist Convention. "And even then there must
make up perhaps 10 percent of the population, with
Policy Review
UPI/Bettmann
Many religious conservatives argue that even student-led school prayer can have a coercive effect
in the unique environment of public education.
growing numbers of Muslims, Hindus, and New Age
wrote: "Imposition, restraint, and persecution for matters
adherents. Public schools are increasingly becoming
relating to conscience directly invade the divine preroga-
flashpoints for such diversity.
tive," he said, "and divest the Almighty of a due, proper
"Many evangelicals don't realize that we are deeply
to none besides Himself."
pluralistic and that you can't turn the clock back," says
Evangelicals wary of school prayer argue that majori-
Hatch, a leading evangelical historian of American Chris-
tarian politics, when applied to matters of faith, are inher-
tianity. "In South Bend, a block from where we go to
ently manipulative. To coerce conscience-the home of
church, they've just built a mosque. That would have been
religious experience-is to invade a realm reserved solely
unheard of even 10 years ago." Princeton Sociologist
for an individual and his God. Perhaps this is one reason
Robert Wuthnow, in his book Christianity in the 21st Cen-
why Jesus, when instructing his followers about heartfelt
tury, summarizes the religious scene this way: "If there is
prayer, told them: "When you pray, go into your room,
one feature of contemporary culture that we can be sure
close the door and pray to your Father, who is unseen."
will become even more pronounced in the future, that
(Matthew 6:6)
feature is its diversity."
Finally, the majoritarian argument strikes at the very
HOLLOW FAITH
nature of religious commitment. After four decades of
There seem to be two ways that school prayer support-
teaching and study on the relationship of Christianity to
ers can hope to avoid offending the consciences of vari-
society, Tinder concludes: "What Christianity seeks above
ous faith communities: construct a prayer devoid of
all else is faith, and faith has to be free." This is so because
controversial theology, or allow each and every faith
faith is the most intimate of matters, concerned not with
group to offer its own prayer. Both, critics say, contain
personal preference but with the moral dictates of con-
numbing contradictions.
science. And the consciences of society's most vulnerable
The one-size-fits-all approach to prayer invites at least
members-its children-require special protection, par-
two errors. The first involves the hollowing out of faith.
ticularly in a setting as volatile and influential as public
One of the most distinctive features of conservative Jews
education.
and Christians is their belief in a God who is both personal
William Penn, religious dissenter and political states-
and purposeful, one who is both merciful and just-a God
man, was one of the first Protestants in America to grasp
who can be described, known, and worshipped. A gray,
the importance of safeguarding personal religious con-
soul-less, generally accepted prayer could not possibly
viction. During his imprisonment in London's Newgate
admit most of the divine attributes considered basic to
Prison for defying the Anglican Church, circa 1671, he
Jewish and Christian believers.
Winter 1995
"I don't know how a generic, civil, utilitarian prayer is
prayers will inevitably entangle the state in religion.
able to not offend anybody who's serious about his own
Brown expects a reasonable church-state compromise to
faith. If you get something that would not offend, then it
result: "We'll have to lock heads on this and reach a modus
has to be offensive," says Mark Noll. evangelical professor
vivendi."
of history at Wheaton College in Wheaton, Illinois. Os
However, if "student-led" pravers become a routine
Guinness, in The American Hour: A Time of Reckoning and
part of public education, they could revive a mutated
the Once and Future Role of Faith, argues that deepening
version of civil religion in the schools. Many evangelicals
pluralism makes nonsense of the notion of a universally
view civil religion as a threat to religious freedom, because
inclusive faith. "For Christians who take their faith seri-
in its worst forms it allows the government to establish its
ously. such a lowest-common-denominator deity is too
own brand of "orthodox" religion, by which it judges
vague to be useful, too broad to be anything but mislead-
other expressions of faith. If school prayer proposals
ing." Prayers to such a deity, concludes Tinder, are "al-
move in that direction, large numbers of religious con-
most bound to be unitarian, not trinitarian."
servatives will revolt.
Evangelical Christians-who historically have paid ex-
"I think our society will not survive unless there is a
cruciating attention to the content of their faith-ought
broad-based religious commitment. but it is not the re-
to be among the most wary of promoting generic pravers
sponsibility of the government to promote it," says Rich-
in public education. Theology matters, because hardly
ard Land. whose 14 million-member Southern Baptist
anything influences the depth of a Christian's commit-
Convention represents the largest Protestant church in
ment more than how he or she thinks about God. Michael
America. "Anything that allows the state to sponsor
Cromartie, director of the Evangelical Studies Project at
prayer, we're going to oppose. This is not an issue that is
the Ethics and Public Policy Center, describes the effect
compromisable for Baptists," he says. Robert Booth
of such prayers in blunt terms: "Too much pabulum
Fowler, political science professor at the University of
confuses the brain."
Wisconsin and author of several books on religion and
politics, is equally pessimistic. "There's no way that the
THE GOVERNMENT HAND
other religious groups outside the Christian community
The second error introduced by universalistic pravers
are going to stand for this," he says. "And you can count
is the eventual injection of the state in matters of faith.
on no active support from the Catholic Church."
Richard Land of the Christian Life Commission and
others argue that it's difficult to escape the ultimate logic
HERE COMES MOTHER EARTH
of prayers regularly uttered in class or over a public
The other strategy for allowing school prayer without
address system: They carry an implicit state endorsement;
offending religious minorities is to permit children from
it's as though the government were teaching students
any and every faith group to recite their own sectarian
how to pray. Who, for example, will decide whether a
prayers. Supporters say this ecumenical approach would
prayer is publicly acceptable? It will not be the students;
promote understanding and tolerance of differing relig-
ious views. Critics say it is a prescription for theological
vertigo.
"I THINK OUR SOCIETY WILL
Think of it: one day a prayer is offered to Mary, the
NOT SURVIVE UNLESS THERE
mother of Jesus; another day to Gaia, mother of the earth.
That's not as far-fetched as some argue-" not with the
IS A BROAD-BASED RELIGIOUS
plurality of kids I'm dealing with," says Bill Muir, senior
vice president of Youth for Christ, a Christian student
COMMITMENT, BUT IT IS NOT
outreach group in 225 cities. It is estimated that scores of
THE RESPONSIBILITY OF
new religious or quasi-religious sects appear, if only
briefly, on the nation's social landscape each year. And
GOVERNMENT TO PROMOTE
Muir says he expects to see more and more signs of their
IT."- RICHARD LAND
influence in schools.
New-Age and feminist theologies, for example, already
have crept into the churches themselves. At a recent
it will be the state. Teachers or administrators will have to
religious conference in Minneapolis, participants from
approve the prayers, perhaps even help write them, as did
some of the country's largest Protestant churches prayed:
a team of lawyers for the prayer approved by the N.Y. State
"Our maker, Sophia, we are women in your image." A few
Board of Regents. "We better get out of the business of
years ago, the dean of the Cathedral of Saint John the
believing that government has some appropriate role in
Divine in New York City commissioned the composition
promoting 'God words' before that precedent is turned
of a choral mass entitled "Missa Gaia." Evangelicals fear
upon our consciences," says the Christian Legal Society's
that it's just a matter of time before similar prayers find
Steve McFarland. "When you ask the government to
their way into the classroom. Says McFarland: "In South-
engage in symbolic speech in the form of prayer, it
ern California it could be a prayer to Shirley MacLaine
necessarily compromises the religious integrity of the
for all I know."
message."
It's one thing to teach a course on world religions in
Even a school-prayer advocate like Harold Brown, who
the public schools; the context is academic, factual and
teaches theology and ethics at Trinity Evangelical Divinity
impersonal. It is quite another to ask children to join in
School in Deerfield, Illinois, agrees that classroom
the prayers of religious believers of other faiths; the
28
Policy Review
setting is emotive, subjective and intensely personal. "It
sends the message to children that one prayer is as good
as another," savs the University of Chicago's McConnell.
That's simply another way of reinforcing-on a grand
public scale-cultural and religious relativism. It similarly
could undermine the religious instruction children re-
ceive at home or in church.
RELIGIOUS HOSTILITY
None of the arguments against school prayer address
the broad indifference and even hostility to religious
belief in public education. "The main problem in the
public schools and public universities is that what has
been a central part of the human story-religion-is the
one part that is missing," Fowler says. The conservative
American Center for Law and Justice has collected at least
200 cases of anti-religious bias in public schools over the
last year:
A second-grade girl in a Minneapolis school chats with a
Archive Photos
friend about God on the playground. but is interrupted by
her teacher and told she cannot continue;
Student textbooks often omit references to significant
A seventh-grade teacher in West York, Pa. instructs stu-
religious figures, such as Samuel Hopkins, who
dents to deliver an oral essay about one of their heroes,
chastised the Continental Congress in 1776 for not
living or dead. A girl is told that her hero, Jesus Christ, is
granting constitutional freedoms to blacks.
not a suitable subject;
gelical brethren are mistaken when they insist that the
Students at the University of Virginia are denied funds for
recovery of school prayer will help slow or reverse these
a newspaper because of its religious content, while other
trends.' If we are thinking that the tide of modernity can
student newspapers receive full funding.
be rolled back by a prayer over the intercom, then we've
The anxiety over religion displayed by school boards,
taken leave of our senses," says David Wells, evangelical
administrators and teachers unquestionably has been
theologian at Gordon Conwell Theological Seminary in
fueled by numerous-and contradictory-court deci-
South Hamilton, Massachusetts. "If you're using it as a
sions on church-state cases since the 1960s. Many of the
means to address social ills, it's not a solution," says
rulings, evangelicals argue, ignore the constitutional pro-
Corwin Smidt, political science professor at Calvin Col-
tection of religious expression and attempt to use earlier
lege in Grand Rapids, Michigan. School prayer was not
decisions to sanitize the public schools of any trace of
the glue that held together a moral or religious consensus
faith. "Why are people nervous talking about their most
in society; neither will its return lead to spiritual or cul-
basic beliefs?" asks Wheaton's Mark Noll, author or editor
tural renewal. Fowler recalls his own experience in recit-
of numerous books on American Christianity. "The juris-
ing classroom prayers: "I don't think it played much of a
prudence has moved properly in the direction of prohib-
concrete, practical role in anybody's life."
iting coercion, but improperly in restricting
More importantly, religious conservatives ought to be
conversation." Ironically, Justice Arthur Goldberg-who
the first to raise objections when spiritual disciplines like
voted in the 1963 Abington School District v. Schempp deci-
prayer are reduced to public exercises to help ward off
sion to ban school Bible readings-warned that the deci-
social ills. As these observers warn, evangelicals must not
sion must not lead to a "brooding and pervasive devotion
allow their faith to be used as a social policeman; the
to the secular," which he called unconstitutional. There
result will be the corruption and counterfeiting of their
is growing agreement among religious liberals and con-
religious convictions. "I've never seen kids involved in a
servatives that this is precisely the situation that now exists
ritual prayer, a legislated prayer where it became a deeply
in public education.
moving or growing experience," says Muir, who has been
working 'in junior high and high schools for 25 years.
CIVIC ORDER
Ironically, one of the historic traits of evangelicals is their
Religious conservatives are likewise supported by be-
insistence that prayer without heartfelt faith in faith's
havioral trends when they claim, in making a civil argu-
Author never rises above the ceiling.
ment for classroom prayer, that secular education is
The cultural, theological, and civil arguments for
doing little to arrest the pathologies afflicting young
school prayer thus all encounter perilous difficulties-
people. Since 1960, teen suicides rates have tripled, preg-
both practical and moral. On the one hand, America's
nancy rates among unmarried teens have nearly doubled,
growing cultural pluralism makes school prayer an anach-
and juveniles are the fastest-growing segment of the crimi-
ronistic proposition; it assumes a religious consensus that
nal population. On any given day, one in five kids carry a
almost all evangelicals admit no longer exists. In such an
weapon to school. Too many classrooms are indeed hot-
environment, children of minority faiths or of no faith
houses of delinquency and despair. All true.
will endure the subtle intimidation of a majority-written
However, many religious conservatives say their evan-
benediction.
Winter 1995
On the other hand, religious conservatives may find
evangelical ministers like Samuel Hopkins, who chastised
their children's religious education undercut by the svm-
all members of the Continental Congress in 1776 for
bolic power of prayer that is either diluted or unortho-
"oppressing and tyrannizing over many thousands of
dox. Even supporters admit that rote prayers run the risk
poor blacks. who have as good a claim to liberty as
of trivializing faith and religious commitment-a criti-
themselves." They're told that Benjamin Franklin was a
cism long made by evangelicals against Catholics, Angli-
deist who scorned traditional religion, but they don't
learn that this same Franklin proposed that the seal of the
American republic be a picture of Moses with his rod held
IF RELIGIOUS CONSERVATIVES
over the Red Sea. They don't learn that evangelical Wil-
WANT YOUNG PEOPLE TO
liam Booth founded one of the most comprehensive and
effective outreach programs to the nation's urban dwell-
APPRECIATE THE PROFOUND
ers: the Salvation Army." We need to teach good, accurate
ROLE OF FAITH IN THE LIVES
history." Tinder says, "and good. accurate history would
bring out the fact that religion has been exceedingly
OF AMERICANS, THEY MUST
important in America from the beginning."
No Supreme Court decisions in church-state cases
HELP ENSURE THAT THEIR
prohibit the teaching of religion in the schools. In
STORIES ARE FAIRLY TAUGHT
Abington V. Schempp. the Court insisted that "nothing we
have said here indicates that such study of the Bible or of
THROUGHOUT THE CURRICULA.
religion, when presented objectively as part of a secular
program of education. may not be effected consistently
with the First Amendment." The court's guidelines spe-
cans, and other strongly liturgical traditions. As Guinness
cifically allow public schools to sponsor the study of
puts it: "You're faced with a very simple dichotomy: we
religion, but not the practice of religion. Even a spokes-
either secularize or we scandalize."
man for People for the American Way, a group deeply
The combination of America's supreme commitment
suspicious of public expressions of religion, admits: "You
to freedom of conscience and its increasingly diverse
can't have an accurate portrayal of history and leave out
culture makes school prayer a hazardous object of politi-
religion."
cal strategists. "Once you admit this pluralism, solutions
If religious conservatives want young people to appre-
become very complicated, and complicated solutions
ciate the profound role of faith in the lives of so many
don't wash politically," Hatch says. "What washes in
Americans, they need to help ensure that their stories are
populist politics are simple, clear answers and this issue
fairly taught throughout the curricula. For these ne-
defies that." Wells, author of No Place for Truth: Whatever
glected stories, these parables of faith-in-action, produce
Happened to Evangelical Theology, says the evangelical at-
the stuff that world views are made of.
tachment to school prayer is the result of "intellectual
laziness" in applying biblical principles to public policy
EQUAL ACCESS
issues. "We have betrayed ourselves by looking for the
Secondly, religious conservatives must make full and
silver bullet, the one thing that's going to fix the whole
effective use of the 1984 Equal Access Act (EAA), which
sorry scheme-and there just isn't one."
requires that schools grant religious student groups the
What the difficulties suggest is that school prayer is no
same privileges as nonreligious groups. True, there are
longer an acceptable or effective dimension of public
more than 12,000 Bible clubs now meeting in the public
education-if it ever really was. This is not to say that
isolated or spontaneous instances of prayer, such as at
graduation ceremonies or following the news of an illness
PRAYER IN ANY ORGANIZED,
or accident, are inappropriate. But prayer, in any organ-
ized, public, and ongoing form is simply unworkable in
PUBLIC, AND ONGOING FORM IS
what is becoming a post-Christian nation. Moreover, as
SIMPLY UNWORKABLE IN
McFarland and other evangelicals conclude, prayer pro-
posals distract religious conservatives from more effective
WHAT IS BECOMING A
avenues of influence.
POST CHRISTIAN NATION.
Religious believers, they say, ought to be using the legal
tools already open to them to soften intolerance of public
expressions of faith. One approach is to reintroduce the
schools, but thousands of school districts remain without
religious dimension of American life in school curricula.
them. Meanwhile, religious freedom attorneys are certain
Several important studies have documented how school
that countless students are unaware of their legal rights
textbooks deliberately exclude religious references to
to school facilities and resources-and are quickly intimi-
some of the nation's most significant figures and political
dated by overzealous teachers, administrators and ACLU
and social movements. The 1985 analysis by Paul Vitz for
lawyers.
the National Institute of Education was echoed by studies
Moreover, the act is insufficient in its scope: It only
from the liberal People for the American Way and Ameri-
applies to secondary schools and only allows student
cans United for the Separation of Church and State.
religious clubs to meet before or after school. In many
Public school children never hear, for example, about
districts, students cannot distribute religious literature on
Policy Review
wah!
waby
MRS.
JONE
12/94
original drawing by Sam Walker for Policy Review
"I thought this was supposed to be a moment of silence."
school grounds or discuss their faith over the lunch hour.
Evangelicals who support school prayer acknowledge
However, even ACLU lawyers, who were closely involved
the crucial opportunities that both curricula reform and
in crafting the EAA, have occasionally sided with religious
the EAA offer religious believers. Dugan says that effective
students' free speech rights. The access issue could be-
use of the access law "could have far greater an impact on
come a crucial area of common ground for religious
the country spiritually than student prayers." Tom Min-
conservatives and strict separationists.
nery, vice president of public policy of Focus on the
Until the EAA and curricula reform are applied more
Family, says "that's where we think the fight still is."
vigorously, prayer opponents argue, the larger concerns
about public hostility to religion will not subside. "The
BLUNTING THE EDGES
prayer issue would virtually evaporate if the schools were
If this is true, then the evangelical devotion to school
doing a good job in these other areas," says Charles
prayer is indeed misplaced. Vacuous prayers can hardly
Haynes, visiting scholar at the First Amendment Center
undo prejudices against faith, nor strengthen the already
at Vanderbilt University. Haynes has developed school
faithful. Instead, such prayers likely would blunt the edges
curricula that teaches U.S. religious history and explores
of some of Christianity's harder truth claims. "It could
ways to publicly accommodate the nation's religious di-
undercut a radical recognition of our own sinfulness and
versity. After introducing the material in culturally diverse
our need for redemption," Cromartie says. And that sort
school districts in California, New York, Utah, and New
of recognition can only be stirred at the human level by
Mexico, he says that prayer supporters and opponents
lives marked by integrity and grace. It can never be
reveal at least one thing in common: They want public
imposed from without.
schools to take conscience seriously-whether it relates
"Christian civility takes human freedom seriously,"
to sex education, homosexual themes in literature, or
writes Mouw in Uncommon Decency: Christian Civility in an
religious expressions in the classroom. "What people
Uncivil World. "I may want people to believe as I do about
really want is something much more important than any
some basic matters-but what I want is for them to choose
prayer amendment that I've seen."
to see things that way."
Winter 1995
31
file religion
RELIGIOUS BREAKFAST GUEST LIST
DATE: August 9, 1994
Dr. James Davison Hunter
539 New Cabell Hall
Department of Sociology
University of Virginia
Charlottesville, Virginia 22903
(804) 924-6524
Dr. Michael Novak
American Enterprise Institute
1150 17th Street NW
Washington, DC 20036
(202) 862-5839
Bishop Edmund L. Browning
The Episcopal Church Center
815 Second Street
New York, New York 10017-4594
(212) 867-8400
Dr. Martin Marty
University of Chicago Divinity School
1025 East 58th Street
Chicago, Illinois 60637
(312) 702-8236
Mr. Max Lucado
Oak Hills Church
8308 Fredericksburg Road
San Antonio, Texas 78201
(210) 614-3551
Ms. Peggy Jones
Macedonia Assembly of God
778 University Avenue
St. Paul, Minnesota 55104
(612) 224-4995
Mr. Gordon MacDonald
Grace Chapel
3 Militia Drive
Lexington, Massachusetts 02173
(617) 862-6499
Dr. Os Guinness
Trinity Forum
5210 Lyngate Court, Suite B
Burke, Virginia 22015
(703) 764-1070
Ms. Diane Knippers
Institute on Religion and Democracy
1331 H Street NW, Suite 900
Washington, DC 20005
(202) 393-3200
Dr. Stephen Carter
Yale Law School
127 Wall Street
New Haven, Connecticut 06511
(203) 432-4839
Dr. Luis Palau
P.O. Box 1173
Portland, Oregon 97207-1173
(503) 643-0777
for
-Copy sent to steve
]
LANGUAGE ON RELIGION AND AMERICA
Rabbi David Saperstein and Edward Rehfeld
From the words of the Declaration of Independence -- "We are endowed by our Creator with certain
inalienable rights" -- religion has consistently transformed America for the better. Just as it is impossible
to imagine the abolitionist movement, the labor movement, or the civil rights movement without religion,
so we would be foolhardy and arrogant to address our current social and political dilemmas without this
same moral guidance. For while politicians can and should enact just and fair laws, only religious leaders
can change peoples' hearts. We political leaders can work to rebuild our cities, to protect our citizens
from crime, and to provide a vital safety net, but religious leaders play an indispensable role in calling
people to the strong moral values without which any great nation is doomed.
None of America's guarantees to its people is more precious than the First Amendment's protection of
religious freedom that has allowed religious values, observance, and practice to flourish among our people
with a diversity and strength that is unmatched anywhere in the Western world where there are
established or government supported religions. These protections have allowed religion's rich moral
guidance to flow into and elevate our political life even while prohibiting the state from dictating our
personal relationships with God.
Eroding these protections by changing the First Amendment for the first time in 206 years to allow for
organized prayer in public school will diminish us rather than strengthen us, and will plunge this nation
into a divisive debate when we most need unity. Far more helpful would be a campaign to educate
parents and public school teachers and principals about the broad array of activities related to religion
in which children can already participate in school.
So long as it isn't organized by school officials and doesn't interfere with other children's rights, students
can and do voluntarily pray whenever and however they want. Students can and do say grace over
lunch. Student-formed religious clubs can and do meet on school grounds before or after school when
other clubs meet. Teachers can and do teach about religion's magnificent contributions to this nation's
history, values, music, and art. Indeed, the current state of prayer in public schools beautifully illustrates
the First Amendment's genius. For while the First Amendment allows our children to pray on their own,
without interfering with other children's rights, it prevents government from dictating when, where, or
how they can or must pray.
Reciting brief organized prayers will not teach our children to live ethical, moral lives guided by the
universal values all religions and our nation hold dear -- peace, justice, dignity, commitment, love of
humanity, and abhorrence of violence. These are values that take time and, sometimes, hard work to
inculcate in our children. While our churches, synagogues, mosques, and above all, our families, must
play the primary role, character education in our schools, rooted not in any specific religious theology,
but in our nation's faith-based civic values, also plays an invaluable role in restoring a sense of morality
and ethics to our communal life.
So as I invite all religious people to join me in working to build a better tomorrow, I want to stress the
importance of the First Amendment's ground rules. This invitation is not, cannot, and will never be an
invitation to use the levers of government to dictate religious practices and beliefs. That would be, and
is, deeply un-American. Rather, this invitation rests on this government's commitment to protect your
freedom as religious people, so that the inspiration of our varied religious beliefs may radiate throughout
American life.
LANGUAGE ON RELIGION AND AMERICA
Leonard Fein and David Saperstein
I come now to the thorny question of the role that religion plays in our life as a nation. Plainly, this is
a matter of great interest and of much passion to very many of us, and because it is, we need to talk with
one another about it at considerable length and with as much candor as we can muster. This evening,
I can only touch on what seem to me the central building blocks of the classic American understanding.
First: The history of the United States cannot be understood without acknowledging the impact of our
religious faith. It was that faith that informed the abolitionists; it was that faith that informed the civil
rights movement; it is that faith that sustains our tradition of compassion and, indeed, our commitment
to justice for all. Here in this land, perhaps more than anywhere in all of history, we know that we are
all equally God's children.
Second: The strength of America's religious commitment cannot be separated from our common
understanding that religion is here protected from any intrusion by government. Religion can and should
flourish --- but if there is anything that liberals and conservatives, Republicans and Democrats, ought to
be able to agree upon, it is that it is not the business of the state to tell people when to pray or what to
say. We respect religious belief, and we defend religious freedom -- and it is no coincidence that
religious belief and observance are here more deeply rooted than in any of the Western democracies
where the separation of church and state is not so zealously protected.
Third: It is a mark of our maturity that Americans can pray whenever they choose to pray, in whatever
language or accent they choose, in whatever tradition they select. That goes for all Americans, including
specifically our children. In our public schools, many American youngsters can and do say grace at
lunch; can and do pray quietly before, after, and yes, during the school day; can and do study about
religion's contribution to America. But no, the government does not and cannot and should not say,
whether explicitly or implicitly, "Now is the time for prayer." That is for parents to say to their
children, if, as I hope, they so desire. And I would like to believe that all those who argue that
government these days has too many regulations, that government is too heavy-handed, would not want
to see that heavy hand imposed on our religious behavior, would prefer here, more than anywhere else,
to reinforce the importance of the family.
Fourth and finally: We depend, as a nation, on a vigorous and rich religious life. We turn to religion
not only for comfort but for inspiration. We turn to religion as the principal source of our values. And
if there is a role for government, as I believe there is, in defending the highest religious values, that role,
I am convinced, is plain: We who serve in government, in all its branches, must show in our own
behavior that those values are not merely slogans, not merely idle sentiments, but that they are the
lodestones by which we set our course, by which we live. I would feel far more comfortable with our
debate regarding how the school day should begin if I were more confident that we ourselves live
according to the values we seek to transmit to our children. Most simply put: The greatest contribution
that we in Washington can make to the dissemination of religious values throughout the land is for us to
demonstrate how, beyond lip service, they challenge us, shape us, and at every turn inform what we do.
01/04/95
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NCCCUSA OGS
$
003
file
INCC1/4/95
For Immediate Release
Statement from The Rev. Dr. Joan Brown Campbell
General Secretary
The National Council of the Churches of Christ in the USA
and Ms. Joyce Sohl
Deputy General Secretary, Women's Division
United Methodist Church
January 4, 1995
Whether in private or in public, calling the First Lady of the United States of
America a "bitch" is unacceptable. Whatever happened to the old fashioned
virtues of civility, decency, humility, mercy and respect? These are the values
that make for a harmonious society where children grow up learning to live in
peace with their neighbor. Disrespect for the First Lady is not just a personal
affront, it is surely that, but it erodes the potential for a civil society and
releases a mean spirit among us. One wonders, in the light of such epithets,
what role respect and dignity will play in Mr. Gingrich's "Contract with
America".
For many women Hillary Clinton is a positive rolc model. A woman of faith,
passionate about her concern for the well-being of all of America's children.
She is intelligent, articulate, forceful, tender, compassionate and nurturing. To
call her a "bitch" is to call into question all women who carry leadership
responsibilities in a male-dominated world. Hillary Clinton is plowing new
ground and for that many of us are grateful.
The Speaker of the House needs to make his respect for the First Lady clcar
and unequivocal. To criticize substance is profoundly American. To call
names is beneath his dignity.
01/04/95
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FAX 212 870 2817
NCCCUSA OGS
004
TOWARDS THE YEAR 2000:
[quipping the Churches
for Ecumenical Ministry
OVERVIEW
In spite of all the dangers and difficulties of the world.
we are not moved to despair,
but to joy in the promises of the Triune God,
Created by Gud, suvei by Christ,
we reforce m the power of the Holy Spirit,
the Spirit of freedom and truth
the Spirit at work in history,
the Spirit which continually opens the future before us.
Come, Holy Spirit, have mercy on us,
renew and empower us to be your witnesses to the world!
- Delegates' Statement
Seventh Assembly, WCC
Canberra, Australia, 1991
Vaclav Havel, poet and now President of the Czech Republic, describes the deeper social
reality of our times:
The worst of it all is that we live in a spoiled moral environment We have
become morally ill, because we are used to saying one thing and thinking another.
We have learned not to believe in anything, not to care about each other, and to
worry only about ourselves. The concepts of love and friendship and mercy and
humility and forgiveness have lost their depth and dimension. And for many they
represent only some sort of psychological curiosity, or they appear as long lost
wanderers from far-away times, somewhat ludicious in the Cla of computers and
spaceships.
Hillary Rodham Clinton, an active United Methodist lay person, also spoke recently of a
world needing to be made anew.
There is a sleeping sickness of the soul, a sense that somehow economic growth
and prosperity, political democracy and freedom are not enough -that we lack at
some core level meaning in our individual lives and meaning collectively, that
sense that our lives are part of some greater effort, that we are connected to one
another, that community means that we have a place where we belong no matter
who we are.
-OVER
ECUMENICAL DEVELOPMENT INITIATIVE of the World Council of Churches
National Council of the Churches of Christ in the USA
01/04/95 16:55 '202 156 6797
CHIEF OF STAFF
003
01/04/95 15:06 202 225 7822
CONG SLAUGHTER
0
002/002
28th District New York
News Release
Congresswoman
Louise Slaughter
2421 RAYBURN BUILDING WASHINGTON, D.C. 20515
3120 FEDERAL BUILDING, 100 STATE STREET ROCHESTER, NY 14614
FOR IMMEDIATE RELEASE:
CONTACT: Kelly Sullivan
Wednesday January 4, 1995
202-225-3615
CONGRESSWOMAN SLAUGHTER CALLS ON SPEAKER GINGRICH
TO APOLOGIZE TO FIRST LADY HILLARY CLINTON
WASHINGTON, D.C. -- In response to Speaker Newt Gingrich's
characterization of the First Lady as "a bitch," revealed
yesterday by CBS News, Congresswoman Louise Slaughter (D-NY)
called on Speaker Gingrich to apologize to Hillary Rodham
Clinton.
"Mr. Gingrich owes the First Lady an apology, and the women
of America an explanation," said Slaughter.
"Bitch' is a disgusting and degrading characterization, and
certainly not one that should be used to describe the First Lady.
"It is an insult to every American woman, and a disgrace to
the traditions of both the Presidency and the Speaker," said
Slaughter. "I cannot imagine any other Speaker in the history of
the House of Representatives describing the President's wife in
such a manner."
"Hillary Rodham Clinton is not only our First Lady, she is a
well respected legal professional, who is listed as one of the
top 100 lawyers in the ountry," said Slaughter. "She is widely
recognized for her compassion, and one of the most down-to-earth
people I have ever known.
"I ask the new Speaker, what it is that makes Hillary Rodham
Clinton a 'bitch'? Is it her intelligence? Her competence? Her
compassion?
"This is a disappointing and disturbing way to start the new
Congress," said Slaughter. "Mr. Gingrich should apologize
immediately to the First Lady."
-30-
renex
Page 1
Ju,
file
(July 21 Draft)
relegious
likerly
MEMORANDUM FOR ALL HEADS OF AGENCIES
SUBJECT:
Religious Exercise and Religious Expression in the Federal
Workplace
Religious freedom is central to the American system of liberty. Our nation's
founders erected the twin pillars of this freedom, guaranteeing the free exercise of
religion and prohibiting the establishment of religion by the state, in the very First
Amendment to the Constitution. Throughout our history, men and women have
come to this nation to escape religious persecution and secure this precious
freedom. They and others have built a nation in which religious practices and
religious institutions have thrived exactly because each individual has been able
to choose for himself or herself whether and, if so, how to worship.
In the four years I have served as President, nothing has given me greater joy
than the efforts of this Administration, in tandem with a broad coalition of
individuals and organizations, to support freedom of religion. In 1993, I was proud
to reaffirm the rightful and historic place of religion throughout our society when I
signed the Religious Freedom Restoration Act, which continues to protect the
exercise of religion from being inappropriately burdened by federal agencies,
entities, and institutions. In 1995, I was similarly proud to protect appropriate
religious expression in the public schools when I directed the Secretary of Education
to issue guidance to public school districts on the extent of permissible prayer and
other speech of a religious character.
Today I focus on the federal workplace, directing all heads of federal
agencies to comply with Guidelines on Religious Exercise and Religious Expression
in the Federal Workplace to be distributed today by the Office of Personnel
Management. All civilian executive branch agencies, officials, and employees must
follow these Guidelines carefully. Strict adherence to these Guidelines will ensure
that federal employers will respect the rights of those who engage in religious
practices or espouse religious beliefs, as well as those who reject religion
altogether. In particular, it establishes the following principles:
First, federal employers shall permit employees to engage in personal
religious expression (as they must permit other constitutionally valued expression)
to the greatest extent possible, consistent with interests in workplace efficiency
and requirements of law. Of course, work is for work, and an agency may restrict
any speech that truly interferes with its ability to perform public services. In
addition, the agency may have a legal obligation to restrict certain forms of speech
that intrude unduly on the legitimate rights of others. But when an agency allows
Page 2
non-religious speech, because that speech does not impinge on these interests, the
government also usually must allow otherwise similar speech of a religious nature.
The one exception to this principle of neutrality -- an exception mandated by the
Establishment Clause -- is when religious speech would lead a reasonable observer
to conclude that the government is endorsing religion. Subject to this exception, an
agency may not typically subject religious speech to greater restrictions than other
speech entitled to full constitutional protection, and therefore should allow much of
this speech to go forward.
Second, federal employers may not discriminate in employment on the basis
of religion. This means that an agency may not hire or refuse to hire, promote or
refuse to promote, or otherwise favor or disfavor a potential, current, or former
employee because of his or her religion or religious beliefs. It means that an
agency, or any supervisor within the agency, may not coerce an employee to
participate in religious activities (or to refrain from participating in otherwise
permissible religious activities) by offering better (or threatening worse)
employment conditions. And it means that an agency shall prevent any supervisor
or any employee from engaging in religious harassment or creating, through the use
of intimidation or pervasive or severe ridicule or insult, a religiously hostile
environment.
Third, an agency must reasonably accommodate employees' religious
practices. The need for accommodation arises in many circumstances -- for
example, when work schedules interfere with Sabbath or other religious holiday
observances or when work rules prevent an employee from wearing religiously
compelled dress. Once again, governmental interests in workplace efficiency may
be at stake in such cases. But an agency, as specified in greater detail in the
Guidelines, must always accommodate an employee's religious practice in the
absence of non-speculative costs and may need to accommodate even when doing
so will impose some hardship.
All of these principles are related. All are but variants or applications of a
single rule of neutrality and fairness -- that federal employers shall treat employees
with the same respect and consideration, regardless of their religious beliefs.
Whether by allowing religious speech, preventing religious coercion or harassment,
or making accommodations to religious practice, the government must act to
ensure that the federal workplace is generous to followers of all religions, as well as
to followers of none. The Guidelines will advance this goal. Although they
doubtless will leave unresolved many difficult questions, arising from specific
factual contexts and circumstances, they will clarify the obligations and appropriate
commitments of the government, acting as an employer, to protect and enhance
religious freedoms.
Clinton Presidential Records
Digital Records Marker
This is not a presidential record. This is used as an administrative
marker by the William J. Clinton Presidential Library Staff.
This marker identifies the place of a publication.
Publications have not been scanned in their entirety for the purpose
of digitization. To see the full publication please search online or
visit the Clinton Presidential Library's Research Room.
First Lady Hillary Rodham Clinton
File
Honorary Chair
Religion
Soul
HO
to
Soul:
Women, Religion,
& the
21ˢᵗ Century
KH
February 26 - March 1, 1998
Sponsored by the Center for Women & Religion
GRADUATE THEOLOGICAL UNION BERKELEY, CA
RELEXPRE WPD
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DRAFT
DRAFT
April 30, 1997
MEMORANDUM FOR THE PRESIDENT
FROM: CHARLES F.C. RUFF
SUBJECT: RELIGIOUS EXPRESSION IN THE FEDERAL WORKPLACE
We are preparing to put into final form a Presidential Memorandum and
accompanying Guidelines addressing the issue of religious expression in the federal
workplace. These documents reflect the principles that led to your issuance of
guidelines on religious expression in the public schools two years ago. Before the
documents are presented to you for approval, however, we wanted to solicit your
reactions on the substance of the proposal and the process we have followed.
I. BACKGROUND
For the past year the Counsel's Office, in conjunction with representatives
from the Christian Legal Society, People for the American Way, the American
Jewish Congress and the Department of Justice, has worked on developing
guidelines governing religious expression in the federal workplace. Representatives
from the National Catholic Conference, the National Council of Churches, the
Baptist Joint Committee on Public Affairs, the Union of American Hebrew
Congregations, the National Association of Evangelicals, the Equal Opportunity
Commission, and the Office of Personnel Management have also, from time to
time, been involved in these discussions.
The idea for this project originated with the Steve MacFarlane of the
Christian Legal Society, Marc Stern of the American Jewish Congress, and Eliot
Mincberg of People for the American Way in response to the 1995 proposed EEOC
guidelines addressing harassment in the workplace. The sections of the proposed
EEOC guidelines addressing religious harassment were controversial and generated
wide-ranging opposition from religious groups who believed that the EEOC
guidelines might be construed by employers as prohibiting all religious activity in the
workplace. MacFarlane, Stern, and Mincberg believed that a set of guidelines
dealing with religious expression in the workplace could be drafted which would be
acceptable to most, if not all, religious organizations.
Accordingly, MacFarlane, Stern, and Mincberg drafted a set of proposed
RELEXPRE.WPD
Page 2
guidelines which they circulated to various religious groups in the hopes that these
guidelines could be issued as the product of a broad alliance of religious
organizations. The Counsel's Office, however, suggested that it might be possible
to issue the guidelines as a joint project of the White House and the religious
groups if the guidelines were modified to meet certain objections and if they were
narrowed to apply only to the federal workplace. The religious groups agreed and a
draft entitled "Guidelines on Religious Exercise and Religious Expression in the
Federal Workplace" was completed earlier this month. In its final form, the draft
sets forth general principles and offers hypothetical examples illustrating the
appropriate application of the principle involved.
The federal agencies that have been involved in the process, the Department
of Justice, the Office of Personnel Management and the Equal Employment
Opportunity Commission have signed off as to the basic propriety of issuing of the
Guidelines. DOJ has also signed off on the constitutionality and legal validity of
the principles and hypotheticals set forth in the Guidelines. DOJ and OPM,
however, have raised policy objections to the Guidelines. These objections are
discussed in Section V. below.
II. RELIGIOUS EXPRESSION IN THE WORKPLACE - GENERAL PRINCIPLES
The basic principle underlying the guidelines is that religious expression in the
federal workplace should be entitled to the same level of protection accorded
non-religious expression. For example, if a federal employee is allowed to display a
poster with a non-religious message in her office, she should be allowed to display
a poster with a religious message. Similarly, if employees are allowed to use space
for non-religious meetings they should be allowed to use the same space for
religious meetings.
The Guidelines also reflect that special restriction upon religious speech may
be required in some circumstances. This would occur when an employee's private
speech is perceived as an official endorsement of religion, thus violating
Establishment Clause prescriptions, or when the religious speech in question
constitutes religious harassment or is coercive. The Guidelines also make clear that
religious speech, like non-religious speech, can be restricted when it unduly
interferes with workplace efficiency.
III. RESOLUTION OF ISSUES ARISING UNDER THE GUIDELINES
The Guidelines state that they are not intended to create any new right,
benefit, or responsibility enforceable by any party against the United States, it
agencies, its officers, or any person. Rather persons with questions regarding
interpretations of the Guidelines are directed to bring those questions to the Office
of the General Counsel in their department or agency. There are no other
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Page 3
enforcement provisions.
IV. PROPOSED ISSUANCE OF THE GUIDELINES
The Guidelines would be distributed by OPM as an attachment to a
Presidential Memorandum announcing your support for the principles contained in
the Guidelines and directing the heads of all agencies to comply with its provisions.
The religious groups envision an announcement ceremony similar to the one
surrounding the issuance of guidelines addressing religious expression in the public
schools.
V. AGENCY OBJECTIONS
As noted previously, DOJ and OPM have raised policy objections to the
Guidelines. Specifically, both agencies have questioned the need for the issuance
of the Guidelines on grounds that accommodating religious expression has not been
a significant problem in the federal workplace and issuing the Guidelines,
accordingly may raise more problems than it solves. OPM is additionally concerned
with the potential impact of some of the hypotheticals contained in the document.
Of particular concern to OPM is the Guidelines' use of controversial and potentially
divisive examples of expression, such as religious proselytization or the advocacy
of pro-life positions, as illustrations of what is legally permissible. The agency
argues that these illustrations may be read by federal personnel, including
supervisors, as an active invitation to engage in the potentially divisive conduct
(rather than as a mere illustration of their rights to engage in that conduct) with the
result being a dramatic increase in divisive expression in the federal workplace and
a subsequent harm to federal workplace morale. For similar reasons, OPM also
objects to the hypothetical which indicates that an applicant for federal
employment can not be compelled to take a religiously objectionable oath as a
condition of employment. OPM asserts that this example may actively encourage
persons to avoid the oath requirement.
There are, however, strong counter arguments to DOJ's and OPM's
positions. First, while it may be true that accommodation of religious expression in
the federal workplace has not yet been a significant problem, these issues will likely
become more common as religious organizations direct their attention to workplace
issues. As noted in Section I, guidelines on religious expression in the workplace
would have been issued and disseminated by religious organizations with, or
without, our participation. The process leading to the development of these
Guidelines thus has arguably only allowed us to get out front on a difficult issue.
Second, OPM's objection to the use of hypotheticals involving controversial
religious expression may be descriptively accurate but it misses the fundamental
point that examples involving controversial expression are absolutely necessary to
illustrate the first amendment principle at stake. The principle that is at the heart
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Page 4
of the Guidelines is that speech may not proscribed simply because it might be
found offensive. This principle, by definition, can not be demonstrated by
examples using non-controversial speech. OPM is correct that offensive speech or
proselytization by supervisors raises a special set of concerns, particularly when the
activity approaches coercion or harassment, but the Guidelines recognize the
specific problems associated with the speech of supervisors and address them
directly.
Finally, OPM's objection to the loyalty oath hypothetical may be addressed
on a number of counts. First, the conclusion that this hypothetical will encourage
persons to avoid the oath requirement seems unlikely as a practical matter.
Second, the right to forego loyalty oaths on religious grounds is protected under the
Religious Freedom Restoration Act if not the constitution and the argument as to
why people should not be informed of their rights is not readily apparent. Third,
the religious groups have made clear that any changes in the existing document
could easily lead to an unraveling of the agreement as a whole.