CBS.com News
White House Denies Deal On Gays
July 10,
2001
*Will Not Exempt Religious Groups From
Anti-Discrimination Laws
*Report From Salvation Army Prompted
Controversy
*Threatened Support For President's
'Faith-Based Intitiative'
"President Bush regularly talks about seeing
into the good hearts of people. Does he think that gay
people do not have the same good hearts and moral values
as others?"
Kirsten Kingdon, gay rights
activist
In a fresh controversy over President Bush's "faith-based
initiative," the White House backed away from a proposal that would have allowed
religious groups to receive federal funds even if they discriminated against
gays and lesbians.
Amid intense criticism, officials abruptly ended a
review of a proposed regulation that would have exempted religious groups from
state and local anti-discrimination laws.
The decision came late Tuesday
afternoon, hours after Vice President Dick Cheney and other administration
officials said that churches and other religious groups should be allowed to
stick to their principles in running secular programs with government money.
White House spokesman Dan Bartlett said senior administration officials
reviewed the matter over the course of the day and concluded that religious
groups do not need overt protections in order to bypass gay-rights hiring laws.
Legislation now pending in Congress — and being pushed hard by President
Bush — makes it clear that any religious group that gets government money may
consider religion in making hiring decisions. The courts have said this includes
one's religious practices — and for some religions that could mean rejecting job
applicants because they are gay.
"That's when you get into definitions
that will ultimately be decided by the courts," Bartlett said.
He added
that the administration was not backing off Cheney's statement that a group
should be allowed to be faithful to its "underlying principles and organizing
doctrines" even when it accepts government money.
"The charitable choice
law provides adequate protections," Bartlett said, referring to a law used as a
model for Mr. Bush's initiative to allow religious charities a bigger share in
providing federal social services.
The issue was raised by an internal
report from the Salvation Army, the nation's largest charity, which suggested
the White House would put forward the regulation in exchange for support of its
initiative pending in Congress.
White House officials denied the quid
pro quo, but said they were considering the regulation, which would allow
religious groups to bypass local and state laws that bar discrimination against
gays when the groups take federal dollars.
Gay rights groups, Democrats
and civil rights organizations reacted strongly, and by day's end, it was clear
that the issue would mean a new round of controversy for Mr. Bush's overall
legislation.
"President Bush regularly talks about seeing into the good
hearts of people. Does he think that gay people do not have the same good hearts
and moral values as others? How else could he support, in the name of faith,
taking a position that values gay people less than others?" said a statement
from Kirsten Kingdon, executive director of Parents, Families and Friends of
Lesbians and Gays.
"It will just deepen opposition and make many of my
colleagues more skeptical," Sen. Joseph Lieberman, D-Conn., said before the
White House changed course.
Later, Lieberman's spokesman welcomed the
change. "This is a reassuring signal after a very disturbing signal and
hopefully it means we can now kind of refocus on finding common ground and
strengthening rather than weakening civil rights protections," said Dan
Gerstein.
Some state and local laws bar discrimination in hiring gays
and lesbians. Others require employers to offer health insurance and other
benefits to the domestic partners of gay employees. Typically, these laws do not
apply to religious groups. But it's not clear whether groups lose that exemption
once they accept taxpayer dollars.
The Bush administration was
considering issuing guidance from the Office of Management and Budget banning
enforcement of these laws for religious groups that get federal dollars, which
often pass through local and state government.
The Salvation Army report
explicitly linked the regulatory action with the legislation, now pending in the
House.
"It is important that the Army's support for the White House's
activities occur simultaneously with efforts to achieve the Army's objectives,"
said the document.
It said White House officials wanted to move the
legislation first "and use the political momentum of this" to push through the
regulatory change. And it said White House officials believed a regulation was
better than trying to move separate legislation on an exemption, "which is more
time-consuming and more visible."
It added that the Salvation Army,
which operates a national network of social services, would enlist more than 100
of its leaders to lobby members of Congress "in a prearranged agreement with the
White House."
The Salvation Army said the report overstated the
strategic relationship between the two issues, though spokesman David Fuscus
said the regulation is needed. "As a church, the Army does insist that those
people who have religious responsibilities, who are ministers, share the
theology and lifestyle of the church."
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