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Coalition Statement Please note this version may not be final
The Coalition Against Religious DiscriminationDecember 2002 The Honorable George W. Bush We the undersigned religious, civil rights, education, labor and health organizations are writing to respectfully request that you rescind the December 12, 2002 Executive Order, which has the misleading title “Equal Protection of the Laws for Faith-Based and Community Organizations.” The Order sets back decades of civil rights laws by providing for a sweeping rule under which all federal government contractors will be permitted to engage in religious discrimination with federal funds. Additionally, the Executive Order, in implementing sweeping changes in the administration of every government social service program, is a serious obstruction of religious liberties, civil rights and accountability in federal spending from the standpoint of both policy and procedure. The Executive Order wipes out over 37 years of nondiscrimination requirements for federal contractors. The exemption of religious organizations from portions of a 1965 executive order signed by President Lyndon B. Johnson means that certain federal contractors are, without exception, permitted to discriminate in employment decisions on the basis of religion with respect to federally funded programs. President Franklin Delano Roosevelt enacted the original prohibition against such discrimination in 1941 to cover all defense contractors. The protection was further expanded over the years by subsequent presidents to include all government contractors, including by President Johnson in Executive Order 11246. The 2002 Executive Order is the first to set back civil rights by exempting ALL government contractors that are religiously affiliated or religious in nature from a discrimination prohibition applicable to other government contractors. The Executive Order endorses employment discrimination in the workplace by social service providers. It permits religious organizations to discriminate on the basis of religion or religious beliefs in hiring for any and all government funded social service programs. Religious organizations should not be afforded, and do not need, this wholesale authority to discriminate in their employment using public dollars in order to operate successful social service programs. The Executive Order does little to protect the religious liberty of beneficiaries of social service programs. While the Executive Order provides for new special exemptions for religious groups, it affords palpably insufficient protection of the religious liberty rights of people seeking help. There is, for instance, no requirement for a nonreligious alternative to be provided to a beneficiary who objects to a social service program run by a religious organization. Recognizing the limited amount of money available to social service programs, even if an alternative provision was incorporated, such a mandate would be inadequately funded. The Executive Order allows for unlimited presentation of religious art, icons, scriptures or other symbols in areas where social services are delivered. Allowing the display, without limit, of numbers of religious symbols, scripture, art and icons in social service delivery areas is an extraordinary step. Courts have held that such items do in fact convey a religious message. In addition to the damage created by this Executive Order, we are deeply disturbed that this controversial policy initiative was adopted even as the legislative process continues. Many of us have supported aspects of the faith-based initiative that do not interfere with protections of civil rights and religious liberty and have worked tirelessly to promote an understanding of these important issues in the legislative debates. These difficult issues should be allowed to move forward through legislation, rather than be preempted by executive action. Unfortunately, the administration’s decision to bypass the legislative process and sign the Executive Order endangers not only our cherished freedoms but is a disservice to our democratic process. We request that the administration act immediately to rescind the Executive Order and refrain from further action to the detriment of civil rights and religious liberties. Respectfully, American Counseling
Association
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