April 7, 2005 Dear Senator: OMB Watch strongly urges you to oppose the Santorum amendment or any attempt to include "charitable choice" provisions in the Social Services Block Grant Program (SSBG) during the welfare reauthorization debate. The Santorum amendment would allow religious organizations to discriminate on the basis of the religion when hiring for federally funded programs. SSBG is the largest federal services program. We strongly support the important work of many secular and religious organizations that work to address the needs of our children and families, and the elderly through the SSBG program. Religious organizations play a meaningful role in the delivery of social service programs. We do not question the right of religious organizations to participate in federal programs, nor their ability to avail themselves of an exemption under Title VII of the Civil Rights Act of 1964 that allows religious organizations to hire co-religionists with their own money. However, we do question whether federal dollars should fund discrimination by the very few religious organizations that refuse to follow the same rules that all other organizations participating in federal programs follow. Although religious employers have the right under Title VII to apply religious tests to employees, the Constitution requires that the direct receipt and administration of federal funds remove that exemption. In addition, the federal government has constitutional obligations reinforced by Chief Justice Rehnquist's majority opinion in Bowen v. Kendrick, 487 U.S. 589 (1988). The Court stated that although the Constitution does not bar religious organizations from participating in federal programs, it requires (1) that no one participating in a federal program can "discriminate on the basis of religion" and (2) that all federal programs must be carried out in a "lawful, secular manner." Id. at 609, 612. Faith-based and secular grantees face high standards and must be treated equally. The acceptance of federal funds – taxpayer money – should require all recipients to practice non-discrimination in hiring as it relates to those funds. I urge you to maintain the integrity of religious grantees and prevent government-funded religious discrimination by opposing the Santorum amendment and any other attempt to include "charitable choice" provisions into the Social Services Block Grant program. Sincerely, Gary Bass Executive Director