missions shifting and their religious characterlost. The very things that made them so suc-cessful could be destroyed. Indeed, the wholeidea of charity could become subtly corrupted;the distinction between the coercive welfarestate and true charity based on voluntary giv-ing and love of one’s neighbor could be lost.
The Road to CharitableChoice
Since colonial times, faith-based organiza-tions in America have played a major role inproviding social services. For most of our his-tory, those organizations operated withoutsignificant access to government funds.
7
Indeed, there was traditionally a suspicion ofgovernment funding of religious institutions,even charitable ones. James Madison spokeeloquently for the Founders’ opposition to anestablished national church and governmentfunding of religion: “The appropriation offunds of the United States for the use andsupport of religious societies, [is] contrary tothe article of the Constitution which declaresthat ‘Congress shall make no law respecting areligious establishment.’”
8
Of course, before the adoption of theFourteenth Amendment, the Bill of Rightswas not generally held to apply to state gov-ernments, and several states had officialchurches and provided direct governmentfunding of religion. The last such provisionwas repealed in 1833, with the abolition ofMassachusetts’ general assessment for sup-port of Christian churches.
9
Thereafter, there was little governmentfunding of religious activities. The federalgovernment was largely uninvolved in chari-table activities, so the question of federalfunding of religion seldom arose.
10
And thestates, spurred in part by the virulently anti-Catholic Know-Nothing movement of the1840s, turned actively hostile to religiousfunding. In fact, by 1930, 26 states had con-stitutional prohibitions on governmentfunding of religious activities.
11
From the New Deal of the 1930s to theGreat Society of the 1960s and beyond, thefederal government’s involvement in socialwelfare increased dramatically. Opportunitiesfor faith-based charities to receive govern-ment funding increased correspondingly,especially after the Johnson and Nixonadministrations began widespread fundingof community organizations in the 1960s.Still, government agencies struggled to recon-cile funding of faith-based programs withconcerns about church-state separation.Most grants came with conditions: a require-ment that the central religious body form aseparate nonprofit organization to administerthe program and prohibitions on the use offunds for the purchase or improvement of realestate that would also be used for sectarianpurposes; on the provision of services in build-ings that had religious symbols or fixtures; onthe use of funds for training or education fora religious vocation; and on the use of fundsin religious instruction, worship, prayer, orother inherently religious activities.
12
As lateas 1986, the Department of Housing andUrban Development proposed a total banon grants to churches and other religiousorganizations.
13
Some of the efforts of government to dis-tance itself from religion were almost comicin their extremism. According to one perhapsapocryphal story, reported by columnistGeorge Will, an official with HUD wrote tothe bishop in charge of the St. Vincent de PaulHousing Center in San Francisco asking himto rename the building the Mister Vincent dePaul Center.
14
In another case, a city agencynotified the local branch of the SalvationArmy that it would be awarded a contract tohelp the homeless, but only on the conditionthat the organization remove the word“Salvation” from its name. Could the organi-zation, perhaps, be known as some other kindof army, a government official wondered.
15
As the failures of government welfare pro-grams became increasingly apparent, peoplebegan to contrast those failures with the suc-cess of private charities in general, and faith-basedcharities in particular.
16
As a result,theredeveloped a growing movement to expand
3
As the failures ofgovernmentwelfare programsbecame increas-ingly apparent,people began tocontrast thosefailures with thesuccess of privatecharities in gener-al, and faith-based charities inparticular.
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