The Bush administration is working with the nation's largest charity, the
Salvation Army, to make it easier for government-funded religious groups to
practice hiring discrimination against gay people, according to an internal
Salvation Army document.
The White House has made a "firm commitment" to the Salvation Army to issue
a regulation protecting such charities from state and city efforts to prevent
discrimination against gays in hiring and domestic-partner benefits, according
to the Salvation Army report. The Salvation Army, in turn, has agreed to use its
clout to promote the administration's "faith-based" social services initiative,
which seeks to direct more government funds to religious charities.
The document offers a rare glimpse into the private dealings of the
Bush White House, and it suggests President Bush is willing to achieve through
regulation ends too controversial to survive the legislative process. It also
underscores the close allegiance between the administration and conservative
groups.
The matter stems from a national debate spurred by an increasing number
of local jurisdictions that have adopted laws requiring religious groups such as
the Salvation Army to adhere to laws barring discrimination against gays in
hiring, job promotion and benefits. What the administration is suggesting,
according to the document, is a federal regulation that would forbid states and
localities from barring such discrimination when administering programs with
federal funds.
The Salvation Army, a Christian social services organization with an
extensive network of facilities to feed, clothe and shelter the poor, would not
be affected much in the short term by the president's proposal on faith-based
services. It already receives nearly $300 million a year in government money.
But the report indicates the administration is eager to use the Salvation Army's
clout to pass the legislation, offering the charity something it wants in
return.
"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, which was obtained by The Washington Post. "The White House
has already said that they are committed to move on The Army's objectives when
the legislation carrying the charitable choice provisions passes the House of
Representatives."
The White House said yesterday that the organization's claim of a "firm
commitment" overstated the case. "This is an issue that was brought to our
attention, but no such commitment has been made," White House spokeswoman Anne
Womack said.
White House press secretary Ari Fleischer added that faith-based groups
already have the power under federal law to discriminate against gays in hiring.
It is state and local laws that try to impose on groups to include gays in their
employment protections.
The report, dated May 1, defines the charity's "objectives" as making
sure states and localities can't "impose the category of sexual orientation to
the list of anti-discrimination protections" or mandate "equal benefits to
domestic partnership" unless religious nonprofits are exempt from such
provisions. George Hood, a senior official with the Salvation Army, said the
group never discriminates in delivering its services, but on the question of
hiring gay employees, "it really begins to chew away at the theological fabric
of who we are."
The "charitable choice" provisions, which the Salvation Army is helping
the administration to sell, are at the heart of the controversy over Bush's
religious charities initiative and raise the fundamental and thorny question of
whether religious organizations can keep their long-held exemption from federal
anti-discrimination laws when they receive government funds.
Under the 1996 welfare reform law, the charitable choice provision
allows religious organizations to compete for federal funding for certain
programs without impairing the charities' religious character, as long as the
charities don't use federal funds for worship or proselytizing. Bush would
extend the charitable choice provisions to other programs.
Under the 1964 Civil Rights Act, religious organizations have an
exemption that allows them to discriminate in hiring on the basis of religion.
Bush's proposal, as passed recently by the House Judiciary Committee, says
religious charities cannot discriminate on the basis of race, color, national
origin, sex, age or disability -- but it says nothing about sexual
orientation.
The Salvation Army proposed a new regulation, revising an Office of
Management and Budget regulation known as "Circular #A-102." The new wording
would say agencies cannot award assistance to local or state authorities that
require religious charities to "adopt terms or practices for those with
religious responsibilities" or to provide employment benefits, if the practices
or benefits "are inconsistent with the beliefs and practices" of the
charity.
"We suggested the amendment to OMB Circular #A-102 to staff at the
White House Office of Faith-Based and Community Initiatives as one potential
solution," says the 79-page Salvation Army document, addressed to the group's
national commander and chief secretary. "They agreed that this approach would be
a better alternative than the legislative process, which is more time-consuming
and more visible."
"I was told last week there would be a change in the [regulatory]
language," Theresa Whitfield, a spokeswoman for the Salvation Army, said
yesterday.
Hood said the charity has "no formal agreement" with the White House
but that the group is backing the legislation primarily to get regulatory action
from the administration. "It's the preservation of our employment practices that
motivates us to support this," he said, noting that such practices are central
to the group's "theological foundation."
The Salvation Army report explicitly links the two aims: "(White House
officials) first want to move the charitable choice provisions in the
legislation and use the political momentum of this effort to push forward
religious exemptions to domestic partnership benefit ordinances and municipal
contract clauses that protect against any form of sexual orientation
discrimination."
The report also offers an image of the Salvation Army starkly different
from that of volunteers ringing bells outside shopping malls at Christmas -- a
notion that concerns the charity. "The Salvation Army's role will be a surprise
to many in the media," it says, urging efforts to "minimize the possibility of
any 'leak' to the media."
Various states and localities have added domestic partner rights and
sexual orientation clauses to their anti-discrimination laws -- spurred in part
by Tucson's severing of its relationship with the Boy Scouts of America because
that group discriminates against gays. In April, the Maryland legislature passed
a law making it the 12th state to outlaw discrimination against gays in areas
such as employment, housing and public accommodations. "A new trend, which
commenced in the City of Tucson, is now designed to eliminate all municipal
relationships with organizations that discriminate on the basis of sexual
orientation in any form," the Salvation Army document says.
The Salvation Army projects spending $88,000 to $110,000 a month in its
endeavor to boost Bush's charitable choice effort. It has hired lobbying and
strategy concerns to help.
"The Army will step forward during visits by more than 100 divisional
command members to Congressional offices, encouraging support for the charitable
choice provisions in a prearranged agreement with the White House," the report
says.
Although neither the Senate's nor the House's version of the
legislation provides the discrimination provisions the Salvation Army seeks,
enacting either one, the report says, "could be the strategic springboard for
the White House to act on the proposed amendment to OMB Circular #A-102."