Sunday, July 27, 2003
White House protecting faith-based hiring
By Dan K. Thomasson
Scripps Howard News Service
WASHINGTON — George W. Bush doesn't want to give up on his faith-based initiative even though more and more it looks like a bad idea whose time really shouldn't come. Compounding that impression is the president's latest proposal — that religious organizations participating in such a program should be free of concern about their hiring practices.
In other words, those religious groups that naturally discriminate against gays and others as a part of their faith should not be forced to hire them to comply with regulations prohibiting such practices for those who accept federal funds. The argument put forth in a position paper sent to Congress is that "religious hiring rights" are a matter of civil rights.
Actually, there seems to be a lot of confusion in this area, stemming from the fact that the federal civil rights law adopted in 1972 says that religious groups can make hiring decisions based on their beliefs — which, in the opinion of at least one court, include views on sexual orientation. But the laws governing some social service programs, such as job training, prohibit groups receiving federal funds from refusing to hire because of age, gender, race or national origin. There are no federal laws banning hiring discrimination because of sexual orientation, but there are statutes in a number of states that do.
What the White House wants to do, according to the position paper that re-emphasizes long-standing Bush policy, is to clear up the discrepancy and insulate faith-based hiring from state laws. It wants the courts to decide whether state bans on hiring discrimination should apply to religious organizations, mainly, it seems those that disavow gays and lesbians.
Confused? Well, the question of how to keep those whose beliefs or sexual orientation you oppose off the payrolls of your charitable effort has been a major sticking point in the adoption of this presidential initiative. Congress has shown little inclination to adopt what opponents see as a violation of the constitutional separation of church and state. Even some religious organizations view the program as dangerously opening the door to state control of their activities, including hiring. (snip/...)
http://deseretnews.com/dn/view/0,1249,510042411,00.html