Administration Accommodation of Conscience

The Obama administration’s positive action was not much noted at the time, so, although very belatedly, here is the story.

The PEPFAR program, started by President George W. Bush (with the flashy endorsement of Bono), is a huge investment of US dollars to battle HIV/AIDS, particularly in Africa. It extensively, and deliberately, utilizes faith-based organizations, both US-based ones and indigenous ones. As noted by a State Department report to Congress in 2005, “Faith-based groups are priority local partners. In many focus countries, more than 80 percent of citizens participate in religious institutions. In certain nations, upwards of 50 percent of health services are provided through faith-based institutions, making them crucial delivery points for HIV/AIDS information and services.”

But there’s a problem: the federal government is convinced that condoms are a key element in an effective battle against HIV/AIDS, but many religious people and organizations, both in the US and in the countries where services are to be provided, are sure that condom distribution undermines the most effective way to overcome the epidemic. Insisting that organizations include condom distribution and education in their services is likely to exclude many of the most effective organizations, including those faith organizations located far from big cities and uniquely trusted because of their religious authority.

USAID, the State Department agency that runs the PEPFAR program, modified its grant rules in February to resolve this dilemma. The amended rules say that an organization with a conscientious objection to certain activities cannot be required, as a condition of receiving PEPFAR funding, “to endorse, utilize, make a referral to, become integrated with or otherwise participate in any program or activity to which the organization has a religious or moral objection.” The organization has to notify USAID of what activities or elements it objects to in a timely matter, but cannot be rejected for that reason. Its application for funding has to be evaluated based on what the organization will do, and not be treated less favorably because of what it will not do. It is up to the government to devise a way to supply missing services that it regards as essential.

That’s a reasonable and laudable accommodation of religious exercise, enabling the federally funded services to be delivered effectively by not excluding the government’s best partners.

H.T. Jonathan Imbody.

Further reading:

Dennis Sadowsky, “USAID’s directive on conscience gives church officials glimmer of hope,” Catholic News Service, March 23.

USAID revised regulations, AAPD 12-04 (Feb. 15).