Church-State Standards

The standards of the faith-based and community initiative that ensure equal opportunity for faith-based organizations seeking federal support are based on developments in the US Supreme Court’s constitutional interpretation and on the federal government’s response to those developments.

The Charitable Choice standards were adopted during the Clinton administration into the laws governing four programs:  

  • Welfare: 1996, Temporary Assistance for Needy Families program (TANF); reauthorized in 2006
  • Welfare-to-Work: 1997, now expired
  • Core funding for community action agencies: 1998, Community Services Block Grant (CSBG) reauthorization
  • Federal drug treatment funding: 2000, Substance Abuse and Mental Health Services Administration (SAMHSA) reauthorization; SAPT program

Charitable Choice regulations were issued in 2003. For more details, go to Charitable Choice Basics.

Equal Treatment principles to cover the rest of federal social spending were promulgated by President Bush by Executive Order 13279 (Dec. 12, 2002), “Equal Protection of the Laws for Faith-Based and Community Organizations.” General administrative regulations based on this executive order were adopted for major federal departments in 2004, and the rules applying to programs administered by the Corporation for National and Community Services have been also brought into line with these principles. For details, go to Equal Treatment Basics.

The Charitable Choice and Equal Treatment principles are the same, except for a few features noted below in parentheses. For a visual comparison, view the Charitable Choice and Equal Treatment Chart.

Church-State Principles of the Faith-Based Initiative

  • A Level Playing Field. Faith-based providers are eligible for government funds to provide social services on the same basis as other providers, neither favored over secular organizations nor excluded because they are religious, “too religious” or “pervasively sectarian.”
  • Protecting Beneficiaries. Beneficiaries must receive services without religious discrimination and without being forced to take part in inherently religious activities.  (Charitable Choice guarantees an alternative if a beneficiary objects to a faith-based provider.)
  • Protecting Faith-Based Providers. Faith-based providers can maintain their religious organizational features, a religious environment where they provide services, and voluntary religious activities for beneficiaries who desire them.  (Charitable Choice overrides state and local restrictions that forbid faith-based organizations from using religion as an job qualification.)
  • Church-State Separation. Government contracts and grants cannot be used for inherently religious activities such as worship, evangelism, and Bible studies.  These activities have to be kept separate from services the government directly funds.
  • Beneficiary Choice. When an indirect payment system like vouchers is used so that the beneficiary, rather than a government official, chooses the provider, then the faith-based organization can offer government-funded services that include religious activities.

These principles are designed to enable government officials to select the best possible service partners for the sake of people and communities needing assistance, while honoring the religious convictions of both faith-based organizations and the people they serve.

For more details, go to the Policy Developments and Constitutional/Legal sections.