A recently proposed bill would undermine the freedom of religious organizations to consider religion when hiring staff and would also undermine the Religious Freedom Restoration Act. Although the bill is unlikely to be adopted, its introduction is a warning sign. Groups and individuals who want faith-based organizations to be able to be faith-full should gear up.

Reps. Patrick Kennedy (D-RI) and Gene Green (D-TX) have proposed a SAMHSA “modernization” law that would undermine Charitable Choice, the religious hiring freedom, and the Religious Freedom Restoration Act, all at once. SAMHSA is the Substance Abuse and Mental Health Services Administration, which provides federal funding for mental health services and for substance abuse treatment and prevention services. (More details here.)

Given the press of other business, it is very unlikely that this Congress, no matter its progressive intentions, will adopt the bill.

But this is an almost-crisis that should not be wasted. The Kennedy/Green bill is not the first effort to restrict the applicability of RFRA, undermine Charitable Choice, or restrict religious hiring by religious organizations. Some in Congress are crusaders against religious hiring when government funds are involved, and too many of the members are willing to subordinate religious freedom in the name of advancing other causes. The pace and subtlety of the attacks on religious hiring are only increasing.

Proponents of religious freedom and faith-based service should gear up for action.

Faith-based organizations:

Have a discussion with your board about the growing opposition to religious hiring, and get permission to respond quickly when a real threat arises.

Educate your staff, board, donors, and supporters about the importance of this freedom and the need to speak up to defend it (yes, 501(c)(3) organizations can speak up about matters like this). Work out now how you will alert them when it is time to call and write.

Think about how to state your case. Say something like: Religious hiring is vital to us because our identity and passion for service are grounded in faith. Don’t say: We claim a right to discriminate on religious grounds when we hire.

Evaluate your organization’s policies and practices. Make sure your religious identity is clear and explicit and that your religious hiring practices are firmly related to that religious identity. Here is a checklist.

Be proactive. Invite your elected officials to visit your organization, or go to their offices and introduce yourself and your services. Let them witness your good deeds. Then explain how those deeds are rooted in the organization’s religious convictions. Whether you accept government funds or not, stress how important religious identity and religious hiring are to you. Whenever you talk with elected officials or the press, stress your religious identity and not only your good works. They hear all the time that religious hiring is mere religious bigotry. Let them know the real story.

Donors, volunteers, and other supporters of faith-based organizations:

Monitor trends and developments, for example, via this e-newsletter.

Make sure you know how to contact your elected officials.

Get ready to speak up by thinking about why religious hiring is important to you and to the organizations you care about. Work out how you can defend your views to skeptics.

Action Resources

• Here’s one source for finding out how to contact your elected federal officials: http://www.usa.gov/Contact/Elected.shtml
• Resources on the religious hiring freedom
• Encourage your colleagues and the organizations you support to sign-up for the eNews for Faith-Based Organizations on IRFA’s homepage.