"WHITE HOUSE COMPROMISE ON 'CHARITABLE CHOICE' RAISES SERIOUS LEGAL QUESTIONS, SAYS WATCHDOG GROUP

A compromise between the Clinton Administration and the House Republican leadership clears the way for a misguided and constitutionally dubious plan to fund religious groups that offer social services, according to Americans United for Separation of Church and State.

While details are still being finalized, both sides agreed Monday night to provide public funds for 'faith-based' substance abuse programs. The measure is part of a larger 'New Markets and Community Renewal' legislative initiative, an effort that would cost $5 billion over five years to provide investment incentives for poor communities.

'This agreement could lead to a constitutional disaster,' said the Rev. Barry W. Lynn, executive director of Americans United. "If this becomes law, Americans will be forced to fund religious groups and subsidize employment discrimination, and those in need will face religious pressures in order to receive assistance. This is a terrible mistake.'

The 'charitable choice' provisions were pushed during the negotiations by Rep. J.C. Watts (R-Okla.), a long-time advocate of the controversial policy.

Under Watts' proposal, those seeking substance abuse assistance could be required to 'actively participate in religious practice, worship and instruction and to follow the rules of behavior that are religious in content or origin.' His plan also allows church programs to use staff with no training in treating substance abuse and engage in publicly funded employment discrimination.

AU's Lynn added, 'Watts' approach is reckless and outrageous. That his provisions were involved at all in the negotiations should give pause to anyone concerned with religious freedom.'

Charitable choice originated with Sen. John Ashcroft (R-Mo.) during the drafting of the 1996 Welfare Reform Act. The concept involved changing the law to permit public funding of 'pervasively sectarian' groups where religion permeates every aspect of the institution.

According to a press release issued by the White House and comments from Gene
Sperling, the director of the White House's National Economic Council, the new
initiative will provide church-state safeguards that are 'consistent with the 1996 Welfare Reform Act.'

'This offers little solace to those concerned with the First Amendment and church-state separation,' said Lynn. 'Starting there is starting too far down a constitutionally dubious road.'

'While the details of the White House compromise are being completed, I would sincerely hope that both sides remember that there's still something called the First Amendment on the books,' Lynn concluded. 'A political stunt like this could have devastating legal and policy consequences.'

Americans United has led the battle against charitable choice since its inception. AU is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization represents 60,000 members and allied houses of worship in all 50 states.

For More Charitable Choice Information, Check AU's Online Federal Legislative
Update At http://www.au.org/leg-cong.htm " (Mary Ellen Sikes, electronic mail, June 19, 2000).