What If Officials Refuse?

Not all state, local, or federal officials are aware of, or willing to comply with, the new Charitable Choice and Equal Treatment standards. Sometimes the regulations, laws, or program rules they are required to follow have not yet caught up with the federal changes. Sometimes the officials simply are not convinced that it can be constitutional for an obviously religious organization to take part in a public program of social services. Or the officials wrongly apply the restrictions appropriate to “direct” funding even when the money comes to the private organization “indirectly.” What can your faith-based organization do?

The first thing is not to give up! You may know more about the changes than an official does, no matter how convinced she is that she is right. Or it could be that the regulations she must apply haven’t been updated yet to fit the new federal rules and, whatever she would like to do, she cannot simply bend the regulations. What then?

Ask about the justification for the barrier if you think it is inconsistent with the reforms of the faith-based and community initiative. Maybe all that an official needs is a reminder of the changes.

If your state has an office of faith-based and community initiatives, or an official with the job to be the liaison to faith-based groups, then contact that office. One of its main jobs is to educate officials about the new standards and to help private organizations deal with red tape. If the money originated from a federal department, and there is no state official who can help you, contact the Center for Faith-Based and Community Initiatives in that federal department for help. By contacting these officials you are also helping them see where changes still need to be made.

You may need to consult with a lawyer who knows about the faith-based initiative and is expert on issues related to religious nonprofit organizations.  Your denomination or religious group may offer legal help or a referral to an lawyer. Or you can contact the referral service offered by the Christian Legal Society.  

Or a solution may require public policy advocacy. You may have to contact an elected official to point out the problem and ask for his help in changing the regulations or the law.  If political action is needed, though, it will probably take more than a single individual or organization asking for change. Ask around to see if other organizations like yours have run into similar problems and are willing to join your organization in investing some time in advocating for change.

To be kept updated about important developments at the federal level, sign-up for the free electronic newsletter, CPRF E-News, from the Coalition to Preserve Religious Freedom. E-mail cprf@cpjustice.org and request to subscribe by giving your name and e-mail address.  The more you know, the better will be your decisions about government funding and the more effective will be your interactions with government officials.