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Groups Protest Ban On Religion-Based Hiring In Proposed SAMHSA Legislation

By Howard M. Friedman

Today's New York Times and a press release from World Vision report that over 100 religious organizations have written to every member of Congress objecting to a provision in HR 5466, the proposed SAMHSA Modernization Act of 2010 reauthorizing the Substance Abuse and Mental Health Services Administration.  At issue is a provision (Sec. 501(m)(2)) that would prevent grant recipients under the Act from hiring on the basis of religion. The controversial section reads:

With respect to any activity to be funded (in whole or in part) through an award of a grant, cooperative agreement, or contract under this title or any other statutory authority of the Administration, the Administrator, or the Director of the Center involved ... may not make such an award unless the applicant agrees to refrain from considering religion or any profession of faith when making any employment decision regarding an individual who is or will be assigned to carry out any portion of the activity. This paragraph applies notwithstanding any other provision of Federal law, including any exemption otherwise applicable to a religious corporation, association, educational institution, or society.

Steven McFarland, chief legal counsel at World Vision USA, said that the language would effect "a seismic change in bedrock civil rights law for religious organizations." Among the groups signing the letter are World Vision, the Union of Orthodox Jewish Congregations of America and the U.S. Conference of Catholic Bishops.

Full post as published by Religion Clause on August 26, 2010 (boomark / email).