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Human Rights Law

: Never In Our Names

Further Blurring of the First Amendment

By possum

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The First Amendment states
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Over the course of time the principles stated have been tested many times.  Jefferson's idea of a wall of separation between church and state has been defined in various ways but in general has been held to be in place.
And yet it would seem both John McCain and Barack Obama wish to lessen the distinction between church and state by furthering the relationship between government and faith based programs.
Sen. Obama wants to foster interfaith, ecumenical, religious-secular and public-private partnerships with faith-based and other nonprofit organizations that constitutionally, compassionately and cost-effectively supply social services to the needy and the neglected.
Granted the idea does impose restrictions including no proselytizing in programs that accept Federal dollars but how much supervision will be required to insure the proper separation?  Legal analysis suggests
The greater the necessity of policing the entity's use of public funds to ensure secular effect, the greater the danger of impermissible entanglement of government with religious matters.

There are reasons to further the relationship between church and state.  Many faith based organizations can provide services within a community at a financial cost lower than the government.  Some of these organizations reach people who may be outside the usual government networks.  Yet there are risks.

Sen. Obama has said

that in order to receive federal funds under his program, faith-based organizations "must comply with federal anti-discrimination laws" and "cannot discriminate with respect to hiring for government-funded social service programs."
Many object this takes faith out of the program.  What is left in that case?

The idea smacks of danger in my mind.  The more we hear of the erosion of Constitutional distinctions between church and state the more I fear for our future.  How do we resolve the needs of the people to receive government services with the need to maintain separation of church and state?

Peace.

Full post as published by Never In Our Names on September 30, 2008 (boomark / email).

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