Civil Rights Law

Will the waning Barack Obama administration rewrite religious hiring rules?

Will the waning Barack Obama administration rewrite religious hiring rules?

Church-and-state disputes are a hot beat and it's getting hotter all the time.

We have religious objections over the government’s transgender bid to control school toilets and locker rooms nationwide, the Supreme Court’s bounce back of the Little Sisters’ “Obamacare” contraception case, states’ debates over whether merchants can decline gay wedding services on religious grounds, and much else.

Media coverage to date shows little interest in how church-state policy might be affected by a President Clinton, or a President Trump, or the jurists on Donald Trump’s recent Supreme Court list, or a Justice Merrick Garland. Will this be raised at a big June 9-11 “religious right” confab in D.C.? Speakers will include Trump and former challengers Cruz, Fiorina, Huckabee, Kasich, Paul, and Rubio, plus House Speaker Paul Ryan and Senate Majority Leader Mitch McConnell.

Meanwhile, interest groups are ardently lobbying the Obama Administration to change religious hiring policies during its waning days. At issue is application of the federal Religious Freedom Restoration Act (RFRA) under the 2007 “World Vision memorandum” (click for .pdf) from the Bush Administration’s Department of Justice.

World Vision, a major evangelical organization, had landed a $1.5 million grant to provide mentoring for at-risk youths. The memo ruled that it’s legal for such religious agencies fulfilling service programs through  federal grants to consider religious faith in their hiring. The Obama White House has thus far resisted pressure to abolish that policy, most recently in a Feb. 22 letter from ranking Democrats in the U.S. House.

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