Faith-Based Organizations, SOGI, and the Federal Government

Chain of people holding hands, paper cut-outs

Last summer, the Obama Administration proposed a rule adding sexual orientation and gender identity (SOGI—get used to the acronym) to the list of classes protected against discrimination by federal contractors. In so doing, it built upon other anti-discrimination executive orders issued by Presidents Johnson and Nixon. The difference between the Obama Administration’s rule and those promulgated by its predecessors is that the latter explicitly provided exemptions for religious employers, who were permitted to engage in mission-sensitive hiring even if they provided goods and services to the federal government. Under the old rules, a faith-based organization could hire co-religionists to work, for example, in a federally-funded Welfare-to-Work program (and, of course, could quite rightly not discriminate in providing benefits to clients). Under the new rules, finalized in April, there is no exemption for faith-based organizations, many of whom would seem to have to abandon their historical commitments to sexual fidelity in the context of man-woman marriage if they wish to continue to be eligible for federal contracts.

And now the other (or another, perhaps the first of many) shoe is about to drop: there is word that the rule applied to federal contractors will soon be extended to grant recipients, at least in respect to one area of federal activity, humanitarian aid. As this move has not received a lot of attention (perhaps designedly so), it is not clear how far-reaching this change is. At the moment, it seems relatively safe to say that eligibility for some grants will likely be conditioned on a renunciation of traditional religious teaching (not just Christian, but also Jewish and Muslim) regarding human sexuality.

What prevents the Obama Administration from extending this requirement to additional categories of grant recipients is not at all clear. Or rather it is clear: only pushback from the friends of religious freedom will prevent the federal government from eventually conditioning all federal aid on “non-discrimination,” even at the expense of fidelity to traditional religious teaching.

How far could this eventually go? Consider, for example, the extraordinarily heavy dependence of most colleges and universities (there are a few noteworthy exceptions, among them Grove City, Hillsdale, and Wyoming Catholic) on federal aid. Suppose that colleges and universities that included behavioral expectations in their statements of faith were told that they could not hold their employees to these expectations, as doing so would constitute SOGI-based discrimination. Some might stand firm and join the proud ranks of the non-federally funded. Others, I fear, would feel compelled to assure their (merely) institutional survival by giving in. The result would likely be a much less genuinely diverse array of higher education options and a loss of a great intellectual and moral source of religious life in this country.

And that’s not the end of it. Don’t forget the brief exchange between Justice Samuel Alito and Solicitor General Donald Verrilli in the oral argument for the Obergefell v. Hodges (same-sex marriage) case. Under questioning by Justice Alito, Verrilli conceded that the tax-exempt status of religious institutions that did not recognize same-sex marriage could or would be an issue. For those who regard tax exempt status not as an acknowledgement of freedom from state interference but as an instrument of public policy, aimed at promoting the public good (as they conceive it), it’s only a few baby steps from denying government funding to revoking a tax exemption. I’d like to think that many of us will continue to give at the same level to the charities we favor regardless of whether we receive a tax break for doing so, but not all of us will. At the very least, roughly 30% of that charitable contribution would likely be taken by taxes, and that’s only from the contributor. Another chunk would be taken from the formerly tax-exempt institution. Is your favorite faith-based institution prepared to deal with the loss of a significant portion of its annual budget?

Some might argue that it’s healthy and bracing for faith-based institutions to get back to basics, to have a fresh and direct experience of what it means to be a pilgrim, sojourner, or (as Duke University theologian Stanley Hauerwas is fond of putting it) resident alien. Perhaps. Even more, it might be clarifying for the soulless Leviathan of the ever-expanding modern regulatory and administrative state that would reveal itself for the secularizing monster it really is. Perhaps.

But pardon me for continuing to harbor the hope that genuine religious pluralism that flourishes in a healthy civil society is good not only for the churches, synagogues, mosques, temples, schools, colleges, universities, and charities that inhabit it, but also for the country that plays host to them.

That is what is threatened by the Obama Administration’s narrow and crabbed vision of, if not actual disrespect for, religious liberty. We face the prospect of a secular (which is not the same as neutral) state whose reach into our lives and communities is constantly expanding, not as a partner with distinctive and diverse local institutions and organizations, but as their master, dictating the terms on which they will serve the needs of those who use and depend upon them. The genuinely distinctive—religiously and morally traditional—institutions will be treated, not as partners, but as adversaries, at best pushed to the margins, at worst run out of business.

I hope and expect all institutions will love and serve all of God’s children, but will defend their right to do so in ways that are faithful to their understanding of Scripture.

Culture, Economics, and Poverty


We had an unusual experience last week, with President Obama participating in, of all things, a panel discussion on poverty with three leading public intellectuals, E.J. Dionne, Jr., Robert Putnam, and Arthur Brooks. The conversation ranged pretty widely, with a number of issues coming up, some of which didn’t get all that much attention. I know that there were some hot button moments, which received a good bit of radio and television air time, not to mention editorial and blogosphere commentary, but I’d rather take a deep breath and proceed just a bit more calmly.

Let me begin by observing that the President displayed flashes of the persona that made him at least somewhat appealing when he first appeared on the national scene. He at least said he wanted to get past the partisan divide where one side spoke only about economics and the other only about culture:

The stereotype is that you’ve got folks on the left who just want to pour more money into social programs, and don’t care anything about culture or parenting or family structures, and that’s one stereotype.  And then you’ve got cold-hearted, free market, capitalist types who are reading Ayn Rand and…think everybody are moochers.  And I think the truth is more complicated.

I think that there are those on the conservative spectrum who deeply care about the least of these, deeply care about the poor; exhibit that through their churches, through community groups, through philanthropic efforts, but are suspicious of what government can do.  And then there are those on the left who I think are in the trenches every day and see how important parenting is and how important family structures are, and the connective tissue that holds communities together and recognize that that contributes to poverty when those structures fray, but also believe that government and resources can make a difference in creating an environment in which young people can succeed despite great odds.

And it seems to me that if coming out of this conversation we can have a both/and conversation rather than either/or conversation, then we’ll be making some progress.

I agree: let’s talk about poverty in terms both of the economic straits in which individuals and families find themselves and of the culture (embodied in the media, schools, and government programs, as well as in churches and other community institutions) that should, but doesn’t necessarily, encourage responsibility for oneself, for one’s partner(s), and for any and all children one brings into the world.

Here are some takeaways from the conversation. There was, in the first instance, a good bit of talk about the disparity of opportunities available to those at different ends of the economic spectrum. Robert Putnam set the tone here, alluding to evidence from his recent book that our poor kids get much less support and have much less to which to look forward than do their wealthy counterparts:

[Y]ou can see it in measures of family stability.  You can see it in measures of the investments that parents are able to make in their kids, the investments of money and the investments of time.  You can see it in the quality of schools kids go to.  You can see it in the character of the social and community support that kids — rich kids and poor kids are getting from their communities.

The President responded to this opening by referring to an idealized portrait of community that Putnam draws in the book, one where, despite class differences, everyone shares in the same social and public institutions:

[W]hen I read Bob’s book, the first thing that strikes you is when he’s growing up in Ohio, he’s in a community where the banker is living in reasonable proximity to the janitor at the school.  The janitor’s daughter may be going out with the banker’s son.  There are a set of common institutions — they may attend the same church; they may be members of the same rotary club; they may be active at the same parks — and all the things that stitch them together.  And that is all contributing to social mobility and to a sense of possibility and opportunity for all kids in that community.

Perhaps that was true in some ethnically and religiously homogeneous small towns and urban neighborhoods—Alan Ehrenhalt’s The Lost City is eloquent on this subject—but I have my doubts about it as a sweeping generalization. While, for example, private schools did not proliferate until the 1960s, they have long been available to Roman Catholics (as an alternative to the erstwhile weak-tea Protestantism of the public schools) and to the very wealthy (think Phillips Exeter, Andover, and Choate in the Northeast, as well as Westminster and Woodward here in Atlanta). And anyone who has lived in the South would know that there at least once was a socioeconomic pecking order among Protestant churches, with an enormous contrast between, say, the up-market Episcopalians and the down-market Primitive Baptists. (Indeed, if anything, the decline of the mainline churches and the rise of evangelicalism have served to counteract this phenomenon, so that a much broader socioeconomic spectrum is represented in the pews in many churches on any given Sunday).

Nevertheless, there are three ways community thus conceived can arguably promote social mobility. There are, first of all, the cultural norms of hard work and personal responsibility that can be shared across class boundaries. In this respect, so-called positive role models are not distant abstractions, but personal acquaintances. Peer pressure doesn’t come from (or only from) local gang members but—one hopes—from high-achieving classmates and neighbors. Second, the networks of opportunity readily available to the affluent become open to classmates and acquaintances who don’t have access to them on their own. Finally, because everyone participates in these public institutions, everyone cares about their continued vitality. Thus, for example, parents get involved in PTA’s, care about school board elections, and are active in promoting “investments” (one of the President’s favorite words) in public education. In the Georgetown conversation, we hear something about the last two considerations, but very little (and in any event not enough) about the first.

But if this talk about community isn’t simply to be a nostalgic reminiscence about or longing for something we’ve lost, it behooves us to ask what, practically, we can do to restore it (or preserve it where it still exists).

It would, for example, be impossible—not to say highly undesirable—to compel everyone to attend public schools. While I could imagine some political leaders succumbing to that temptation and trying to regulate private schools out of existence, to the degree that education remains primarily a state and local responsibility, I can’t imagine such a policy sweeping the nation.   And even if—horror of horrors—private options were taken off the table, people have historically voted with their feet, exercising “school choice” by moving into a neighborhood whose public schools are attractive. Political efforts to negate the effects of private residential choices haven’t found favor with voters or, for that matter, with the Supreme Court.

This is where, I humbly submit, school choice programs that empower especially lower income people to place their children in better schools actually show some promise of making the aforementioned benefits of community available. Children can escape an essentially homogeneous peer culture that is inimical to achievement and move into schools where parents are involved and there are positive role models. Too bad the President and his party consistently oppose school choice, preferring all too often simply to demand more funding for public schools, as if government by itself can compensate for the social ills that inevitably accompany dysfunctional communities.

A similar statism is implicit in the President’s comments about the role of religion in dealing with the problem of poverty. Here’s what he said:

[W]hen I think about my own Christian faith and my obligations, it is important for me to do what I can myself — individually mentoring young people, or making charitable donations, or in some ways impacting whatever circles and influence I have.  But I also think it’s important to have a voice in the larger debate.  And I think it would be powerful for our faith-based organizations to speak out on this in a more forceful fashion.

This may sound self-interested because there have been — these are areas where I agree with the evangelical community and faith-based groups, and then there are issues where we have had disagreements around reproductive issues, or same-sex marriage, or what have you.  And so maybe it appears advantageous for me to want to focus on these issues of poverty, and not as much on these other issues….

There is great caring and great concern, but when it comes to what are you really going to the mat for, what’s the defining issue, when you’re talking in your congregations, what’s the thing that is really going to capture the essence of who we are as Christians, or as Catholics, or what have you, that this is oftentimes viewed as a “nice to have” relative to an issue like abortion.  That’s not across the board, but there sometimes has been that view, and certainly that’s how it’s perceived in our political circles.

While President Obama didn’t go as far as Robert Putnam in mischaracterizing the relative weight of religious emphasis on poverty as opposed to social issues, these remarks do imply that, in his view, social issues like abortion and same-sex marriage play a distractingly large role in the outward-looking role of all too many Christian churches. He does hedge and qualify his statement a bit, but the larger point is that, so far as “our political circles” are concerned, the church’s witness on poverty takes a back seat to its positions on abortion and same-sex marriage. As many have pointed out, this is simply mistaken, but it reveals something about what sorts of actions matter to the President. Furthermore, I’ve argued elsewhere that the President’s principal interest in faith-based groups seems to be mobilizing public support for government action, rather than encouraging their activity as an alternative or supplement to government. He doesn’t see—or at least doesn’t want to highlight—what churches and other faith-based organizations can do as actors in civil society, as possible alternatives to government action. We aren’t supposed to help ourselves or help one another but through the instrumentality of the government. The national conversation on poverty should largely be devoted to what government can do.

I’d like to conclude with a reflection on perhaps President Obama’s most solid contribution to the conversation:

[W]e can all stipulate that the best antipoverty program is a job, which confers not just income, but structure and dignity and a sense of connection to community.  Which means we have to spend time thinking about the macro-economy, the broader economy as a whole.

He’s right in every facet of his statement. Having a job is not just about the income, but also about the self-discipline that comes from having to meet obligations to employers, customers, and clients and the dignity that comes from being able to take care of oneself and one’s family. And these relationships are the backbone of every community. I do not mean hereby to deprecate the institutions of civil society—churches, neighborhood associations, and so on—but they don’t prosper without the dignified contributions (both personal and financial) of more or less self-reliant individuals.

While it is clear that our economy hasn’t in recent years generated enough good jobs to lift our least fortunate brothers and sisters out of poverty, I found little in President Obama’s remarks that gave me much confidence that he held the key to success in this regard. We can’t redistribute our way to a better future, so a simple—almost demagogic—focus on inequality won’t do. As Arthur Brooks argued—frequently and effectively, in my view—there is no substitute for a dynamic and productive economy as a generator of wealth. And, as he also argued, ensuring that everyone benefits requires making hard choices that our political classes haven’t demonstrated their willingness to make.

Perhaps conversations like the one that took place last week will provide an opening for further, deeper exchanges of views and for genuinely productive policy-making. But I’m sad to say that I’m not holding my breath.