Two things to notice: first, the title of this Department of Labor news release. Notice we are no longer talking only about "faith based" community service programs. Now we've added "faith based" training and contracting.

What the hell is "faith based" contracting? Christianist construction workers praying the building doesn't fall down?

I know what faith based training is, though. They're saying DOL funds can be used for things like attending a seminary, training to qualify for the ministry. I'm not sure about my position on this in particular. I mean, if you think of the ministry as just another job…

The second thing I want you to notice is the straw man on which this is all based:

Currently, faith-based institutions can be barred from competing for federal contracts if they hire staff in accordance with their religious beliefs. The Labor Department will revise the current regulation to conform with Title 7 of the Civil Rights Act of 1964 and make it clear that faith-based institutions that secure government contracts are not barred from hiring members of their own faith.

Federal regulations have never barred anyone or any organization from hiring members of their own faith.

What they did was forbid excluding people for the sole reason that they are NOT members of their own faith. In other words, they forbade religious discrimination. Now, not having read the new regs directly I can only infer their content (and therefore impact) from the press release.

My problem is seeing the agency responsible for enforcing the law willfully misrepresent it. As written, it doesn't authorize a direct requirement that one belong to a specific faith. It DOES, however, authorize requiring a specific set of beliefs; there's no other meaning possible for "hire staff in accordance with their religious beliefs."

You may be hard-pressed to see the difference. I understand. Totally.

I'm having a problem with the practice of writing up legal methods of irrational exclusion. I'm a Black guy with more than a smidgen of historical knowledge; I'm sure you understand why this sort of move will, at minimum, get my attention.

Anyway…

OPA News Release: [09/22/2003]
Contact Name: Ed Frank
Phone Number: (202) 693-4676

U.S. Department of Labor Announces Elimination of Barriers to Faith-Based Training, Contracting

WASHINGTON—The U.S. Department of Labor (DOL) today announced it is moving forward with two regulatory changes that would eliminate barriers to faith-based training and contracting.

The Labor Department announced a notice of proposed rule making (NPRM) that would conform Workforce Investment Act (WIA) job-training funds to rules already governing federal Pell grants and student loans and allow recipients to pursue faith-based careers. Currently, individuals who receive WIA training vouchers are barred from using them to pay for faith-based studies, while individuals who receive Pell grants or federal student loans are allowed to use them to pay tuition in postsecondary faith-based institutions. The department’s proposal would end that inequity and remove this barrier for men and women who want to pursue faith-based training.

The department also announced a direct final rule that amends its rules regarding federal contractors to eliminate the barriers to faith-based institutions contracting with the federal government. The rule implements President Bush’s executive order of Dec. 12, 2002, which mandated that DOL make certain reforms to existing federal contracting rules that affect faith-based organizations.

Currently, faith-based institutions can be barred from competing for federal contracts if they hire staff in accordance with their religious beliefs. The Labor Department will revise the current regulation to conform with Title 7 of the Civil Rights Act of 1964 and make it clear that faith-based institutions that secure government contracts are not barred from hiring members of their own faith.

“Faith-based organizations play a critical role in helping dislocated and unemployed workers find new job opportunities,” said Labor Secretary Elaine L. Chao. “The two regulations announced today remove barriers to faith-based organizations and provide a level playing field so they can help people in their communities.”

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