
The current kerfuffle between the city council in Washington, D.C., and the local Catholic archdiocese may be a worst-case lesson about what can happen when church and state try to work together.
The specific details, frankly, aren't hugely important to my point. But if you haven't been paying attention: The council is expected to pass a same-sex marriage bill that would protect gays and lesbians against discrimination in the capital. Meaning that entities that serve the general public will need to bring their policies in line.
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PD toolbar! That would particularly apply to entities that are taking city money for one reason or another. And that includes the archdiocese, which has partnered with D.C. to offer social services to the homeless, facilitate adoptions, and provide foster care.
The church says that if the city goes through with its plans, the partnership would end.
"Religious organizations and individuals are at risk of legal action for refusing to promote and support same-sex marriages in a host of settings where it would compromise their religious beliefs," Susan Gibbs, spokeswoman for the archdiocese, said in a statement. "This includes employee benefits, adoption services and even the use of a church hall for non-wedding events for same-sex married couples."
For more details,
here's a link to one of the Washington Post's several stories about the dispute. And here's Politics Daily's own
David Gibson's take on the facts. Just to get the obvious off the table: The proposed ordinance would dictate nothing about what the Catholic Church (or any other faith) should teach or believe about same-sex relationships or anything else. And let's leave aside the question of whether one side or the other is right in any absolute sense.
On the one hand, no religious institution should be asked by government to compromise what it considers to be its core beliefs. On the other hand, no governmental body should be asked to compromise, based on any particular religious belief, what it considers the key policies that must be followed by those accepting government money.
Severe conflicts like this one don't happen all that often. But when they do, as in this case, people who have no stake in the particular battle could end up as collateral damage. Catholic Charities currently staffs shelters that serve 68,000 homeless people. What happens to them?
Almost a decade ago, when President George W. Bush spun up his "faith-based initiative," the idea took heavy fire from unexpected quarters -- unexpected, anyway, if you weren't paying close attention. Several leaders of the Southern Baptist Convention lifted their collective legs on the idea that the government should financially entangle itself with religious organizations, even for the best of motives.
Southern Baptist Seminary President Al Mohler
put it this way: "When the church takes money from Caesar, the church is corrupted."
As is often his wont, Dr. Richard Land, head of the denomination's Ethics & Religious Liberty Commission, came up with the money quote:
"As for me and my house, I would not touch the money with the proverbial 10-foot pole."
But tens of millions of dollars -- federal, state and local -- have gone to religious institutions to perform various kinds of social services. Are there any lessons to be drawn from the D.C. drama?
Douglas Kmiec is a
famously Catholic professor of Constitutional law and an adviser to several Republican presidents; he endorsed Barack Obama for president. That last fact probably has something to do with the fact that he is now the U.S. ambassador to Malta. Because e-mail works between the U.S. and Malta, I was able to ask him for some thoughts about the principle of church-state linkages.
His answer started with a caveat. He was not speaking in any way for his current employer. Plus:
"I'm so far removed from the controversy that I don't even know the nature of it, so I cannot be biased by the underlying facts. I don't know them."
Even so, his reply contained several applicable nuggets:
"Generally, in the expenditure of money, the government can put any reasonable condition other than one which leverages the government's monetary influence to deny the recipient's freedom to believe or practice using nongovernmental resources. . . . It works this way: government cannot say to the Catholic Church, for example, if you take this money you can no longer believe in the real presence of God in communion, or even more starkly, you cannot distribute communion to your congregation. Government can say, you cannot use government funds that you have received for the purpose of acquiring a crucifix.
"The denial of money, in other words, is seldom perceived as an imposition of a point of view or a coercion of belief or practice so long as the denial of money is related to a generally applicable law that preserves order in the community and the denial involves no condition that is effectively saying, if you accept government money, you cannot use your own money to articulate your own believe or practice."
On the other hand, if there's a synergistic benefit to the archdiocese working with the city, the proposed ordinance could well end that.
For a different point of view, let's turn to Kelly Shakelford, chief counsel of the Texas-based Liberty Legal Institute:
"The city is trying to force the church to drop its beliefs. It is saying that, in order to participate in government programs, you have to drop your religious conscience. That is the very thing that makes religious providers so much more successful than all other providers in providing services and truly changing lives. Give choice. Banning providers who will not violate their religious beliefs just removes choices from those seeking services and help in their lives."
I'll admit I don't see it. The city is not forcing the archdiocese into partnership. The church could decide (as other dioceses have in other cities) to run its own independent charity programs where the city's policies need not apply. But it is true that the city would be constraining the policies of those organizations that want to work with the local government.
For a more pragmatic perspective, let's hear from the Rev. Thomas Reese, senior fellow at Georgetown University's Woodstock Theological Center. Reese wrote a column on the D.C. dispute that ends with a hope that the two sides will figure out how to square the circle:
"What is needed right now is a toning down of the attacks against the church by those who support the city council's position. Both sides need to look for compromise. An exemption from the law for religious organizations would affect very few people and would allow the church to continue working with the city on behalf of the poor. The city council could always revisit the issue in the future, but the middle of a deep recession is not a good time to fire the best provider of social services in the city."
To which I say: Yeah, like
that's likely to happen. I asked Reese if he
really expected that the politically entertaining D.C. Council or the dogmatic-by-definition archdiocese could find common ground. His reply: It's possible, and for the most practical of reasons.
"The rationale is that the city gets more bang for the buck from the Catholic church than from other organizations. It's as crass as that."
But what about principle? Should the church bend to entangle itself with a city whose policies it will profoundly disagree with? Ditto from the city side?
"When everything becomes a matter of principle, compromise becomes impossible. Politics is not about principle. It's about compromise and getting things done. "
He may be right that partisan ideas about cooperation between faith-based organizations and government are malleable -- though the shift may not be in the direction of compromise. For evidence, turn to a
new Pew Center poll that took the public pulse about the faith-based initiative:
"Republicans are less supportive of this program now than they were during the early months of the Bush administration. Currently, 66 percent of Republicans favor allowing houses of worship to seek government funding to provide social services, down from 81 percent in March 2001. By contrast, more Democrats favor this than did so in 2001 (77 percent now vs. 70 percent then)."
Which reminds me of the Jon Stewart comment that should get the host of "The Daily Show" a spot in any list of great quotations:
"If you don't stick to your values when they're being tested, they're not values," Stewart said. "They're hobbies."
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