(Page 52 of 52) - Faith, Hype, and Charity: Charitable Choice and the Constitution authored by Knippenberg, Joseph.

become more like the government bureaucracies they replace because government money is linked closely
to government regulation and expectations. In order to be able to continue to receive funds, the recipient
organization must conform itself to the government standards. The culmination of this is both a loss of the
private organization’s unique character and a private sector that looks increasing like the state.”

129

See Lin et al, “Faith in the Courts?,” 224 – 225.

130

See

http://www.lambdalegal.org/cgi-bin/iowa/issues/record?record=24

131

“HRC Calls on Senate.”

132

Complaint filed by Lambda Legal Defense and Education Foundation (July 31, 2002), p. 2.

133

Complaint, pp. 7, 10. See also

http://www.umch.com/frequently_asked_questions.htm

134

“The United Methodist Children’s Home acknowledges that non-Christians have done much good in

our world. However, in order that we may preserve our identity as an agency of a Christian Church in
carrying out our mission, it is necessary that we declare all of our paid staff positions to be religious
sensitive. Therefore, in all of our paid staff positions, it is our intent to employ only persons who profess
Christianity as their religion.” See

http://www.umch.com/career.htm

135

Complaint, pp. 18, 19.

136

Lupu and Tuttle, “Legal Update,” p. 7.

137

See above, note # 110.

138

This statement is quoted in “Church execs criticize White House,” and can be found in “Community

Ministries and Government Funding,” p. 10, where it is also explicitly reaffirmed in the context of a
discussion of co-religionist hiring (p. 13). The “Community Ministries” document can be found at

http://gbgm-umc.org/news/2001/june/faith.pdf

139

Complaint, p. 9.

140

For an excellent discussion of the tension between religion and professionalism in the provision of

social services, see Charles L. Glenn, The Ambiguous Embrace. Government and Faith-Based Schools and
Social Agencies (Princeton, N.J.: Princeton University Press, 2000), chs. 5 and 6.

141

It goes without saying that the United Methodist Church has chosen professionalism over Christianity

in its approach to social service.

142

See Minow, “Public and Private Partnerships,” 1244 – 1245.

143

Minow, “Public and Private Partnerships,” 1245.

144

Minow, “Public and Private Partnerships,” 1254.

145

According to Milwaukee Faith Works’ “Standards of Practice,” “We are a Christian faith-based

treatment center. This means that all staff is to serve as Jesus served; with compassion, concern and love
for all persons, regardless of race, creed, background or whatever sins a person is struggling to overcome
through this program.” Quoted in Judge Crabb’s opinion (January 7, 2002), p. 3.

146

This was the holding in Dodge v. Salvation Army, No. S88-0353 ( R ), 1989 U.S. Dist. LEXIS 4797

(S.D. Miss. January 9, 1989), discussed in Mutterperl, 435 – 436. See also the Christian Legal Society’s
Attachment Two, pp. 3 – 4.

147

See, e.g., Minow, “Public and Private Partnerships,” 1246 – 1247, as well as Minow, “Choice or

Commonality,” 506 and Kathleen M. Sullivan, “The New Religion and the Constitution,” 116 Harvard Law
Review 1397 (March, 2003): Minow “would hold these partnerships to such public values as ‘individual
freedom of belief and expression…and freedom from exclusion or inferior treatment on the basis of race,
national origin, ethnicity, language, gender, disability, religion, and, increasingly, sexual orientation.’…
Many religious organizations would hardly espouse such public values voluntarily if left to their own
devices. Religions, like other private associations, are often biased, intolerant, exclusionary, zealous, and
insular, comprising at best ‘partial publics’….”

148

For a contemporary account of the civic consequences of religious involvement, see Sidney Verba et al,

Voice and Equality: Civic Voluntarism in American Politics (Cambridge, Massachusetts: Harvard
University Press, 1995). For a different reading of the evidence, see Stephen Macedo, “The Constitution,
Civic Virtue, and Civil Society: Social Capital as Substantive Morality,” 69 Fordham Law Review 1573
(April, 2001). But even Macedo concedes that charitable choice as currently conceived “allows public
policy to tilt in the direction of equality and inclusion” (1590), even though he disapproves—“more [as] a
matter of prudence than basic principle”—of the co-religionist exemption.

149

See Kelley Beaucar Vlahos, “Faith-Based Leaders Question Administration’s Commitment” (July 7,

2003), posted at

http://www.foxnews.com/printer_friendly_story/0,3566,91166,00.html