Newly Released Legal Memo; Religious Hiring Doesn't Prevent Taxpayer Funding
by Amanda Adams*, 10/21/2008
The Washington Post reports that the Justice Department Office of Legal Counsel issued a legal opinion allowing the Justice Department to distribute a $1.5 million grant to World Vision, a Christian aid group that makes religious belief a condition of employment. More so, the legal opinion sheds light on the office that interprets laws across the government. "Much of the work of the office remains secret. But legal experts predict that more rulings will be made public in the waning days of the Bush administration, as officials try to lock in policies they favor before a successor takes the stage."
In the legal memo, the administration says it can avoid laws that prohibit giving taxpayer money to religious groups that hire only staff members who share their faith. The New York Times reported that "statutes for some grant programs do not impose antidiscrimination conditions on their financing, and the administration had previously allowed such programs to give taxpayer money to groups that hire only people of a particular religion. But the memorandum goes further, drawing a sweeping conclusion that even federal programs subject to antidiscrimination laws can give money to groups that discriminate."
The memo stated that the anti-discriminatory language can be avoided because of the Religious Freedom Restoration Act. "It sometimes permits exceptions to a federal law if obeying it would impose a 'substantial burden' on people's ability to freely exercise their religion. The opinion concluded that requiring World Vision to hire non-Christians as a condition of the grant would create such a burden." However groups are allowed to hire by faith when using private funds.
