Federal Agencies Loosen Requirements For Faith-Based Grantees

Religion Clause ^ | 12/16/20 | Howard Friedman

[marshmallow]

Yesterday nine federal departments jointly issued a 381-page release (full text) titled Equal Participation of Faith-Based Organizations in the Federal Agencies’ Programs and Activities. The Release amends existing rules to loosen restrictions on faith-based organizations operation of programs and activities funded by federal grants. The new rules impact grants by the Departments of Education, Homeland Security, Agriculture, Justice, Labor, Veterans Affairs, Housing and Urban Development, Health and Human Services, and Agency for International Development.

DOJ's press release on the new rules says in part:

This final rule ensures equal treatment for faith-based organizations, consistent with the Constitution and other federal law. It removes requirements in prior regulations that placed unequal burdens on religious organizations, cast unwarranted suspicion on them, and were in tension with their religious liberty rights. This final rule also clarifies that religious organizations do not lose various legal protections because they participate in federal programs and activities, such as the rights to accommodations and conscience protections under the First Amendment, Religious Freedom Restoration Act, and other federal laws.

Friendly Atheist blog describes the major changes as follows:

Right now, faith-based service providers have to refer clients elsewhere if the people say they feel uncomfortable with their religious affiliation. That’s now gone.

Right now, any clients are required to be told about their religious freedom rights. They’re told they don’t have to participate in any religious activities, they are entitled to go to an alternative service provider, and they can file a complaint if necessary. That’s now gone.