Community Solutions Act

By Dorothy Marie

*I actually wrote this on the 10th... right before the WTC "bombing." I didn't think it was appropriate to post it at that time, as I was going to do so on the 11th, so I am posting it now because I believe the issue is still being debated over.

The Community Solutions Act of 2001 provides federal funding to faith-based, or sectarian charity organizations. It allows charitable contributions from individual retirement accounts and religious organizations to be tax deductible. This act also prohibits any Federal, State, or local government from denying federal funds to a charitable organization based on religious discrimination. All religious organizations will still be allowed to maintain their autonomy, or self-determination, though they will not be allowed to use federal funds for proselytization (Amendments).

The Community Solutions Act will ideally allow sectarian organizations to increase their charitable contributions across the United States. However, not all religious organizations, i.e. cults, will be allowed to receive federal funding under this act. The programs will be based off of the existing experience faith-based organizations have had involving their charitable contributions to society, thus providing a foundation for those programs (Gekas). Through this act, faith-based organizations will be put on an equal level of federal support as other nonsectarian organizations, and allow them to increase their charitable aid via tax deductions (Pence). Since these organizations are performing such deeds that the government would otherwise be funding, each charitable donation results in a tax decrease. Also, with increased funding and support, religious organizations will be able to increase their “efficient… and compassionate” aid to society (Thune). The provisions from the House of Representatives also “bar the use of public aid for sectarian worship, instruction and proselytization,” (Souder), meaning that the funds provided by the federal government may only be used for secular purposes and not for the promotion of any religion. These effects will improve charity aid across the United States without the threat of individual religious proselytization.

However, the Community Solutions Act does violate the Constitution in its breach of separation between church and state. It also allows for the possibility that these religious organizations will become dependant on federal funds, thereby losing their independence from the government (Moore). There is also no protection for these faith-based organizations against liability (Manzullo). If someone is harmed directly or indirectly by the charitable measures taken by one of these organizations, that organization may be held responsible. This act would also “…lead to religious strife, as thousands of different faith-based groups would be coming to Washington, D.C. competing for tens of billions of Federal tax dollars,” (Edwards). It also impinges upon communities’ abilities to form their own anti-discrimination laws (Watson). If the government is exhibiting job discrimination against certain individuals or groups based on religious beliefs, separate communities will be unable to form their own laws preventing that. This act does violate the Constitution, and the right to religious independence.

I do not believe that this act should be passed by the Senate, not should it have been passed by the House. The Community Solutions Act violates the First Amendment to our Constitution, which states “Congress shall make no law respecting the establishment of religion.” Also, as the Honorable Mr. Edwards has said, “…giving billions of Federal dollars directly to faith-based organizations… would inevitably and absolutely lead to government regulation of religion and our churches.” This act would also give the Supreme Court the means to determine and set a precedent of what is and is not a viable religion with respect to the government, thereby removing the independence of religious organizations. The fact that the government will be hiring people based on religious background is also unconstitutional. It violates Article VI of the Constitution, which states that there will be no religious requirements for any federal job. Based on this reason of religious discrimination, over 1,000 religious leaders have signed a petition opposing the Community Solutions Act (Edwards). Also, if federal funds are provided to faith-based organizations as long as they refrain from the proselytization of their religions, it would “… actually take the faith out of faith-based organizations,” (Edwards), which defeats the initial purpose of the act. In general, the Community Solutions Act is unnecessary, as faith-based organizations already have been receiving government aid. During last year, “Lutheran Services, the largest faith-based organization to receive government aid, received about $2.7 billion, Jewish organizations received about $2 billion in government aid, Catholic Charities received $1.4 billion, and the Salvation Army received $400 million,” (Waters). Therefore, not only is the act unconstitutional, but it is unnecessary, as well.

Though the initial intention of the Community Solutions Act was to serve society by increasing federal funding of community service through the government’s support of faith-based organizations, the outcome of the act was that it actually would defy the Constitution. It would lead to government regulation of religion, and religious discrimination involving federally funded jobs, which are both specifically prohibited by Article VI of the Constitution and the First Amendment in the Bill of Rights. The faith-based organizations would also lose their efficiency, which was so praised by supporters of this act, and become dependant on federal funds. By thus reducing the independence and effectiveness of these religious organizations, the Community Solutions Act would be accomplishing more harm than aid.

Works Cited 1. "Amendments." Congressional Record—House. 147.98. Database on-line. Available from Lexis-Nexis Scholastic Universe. http://web.lexis-nexis.com/scholastic (9 September 2001).

2. Edwards, Chet, House of Representatives. “Community Solutions Act of 2001.” Congressional Record—Extensions. 147.100. Database On-line. Available from Lexis-Nexis Scholastic Universe http://web.lexis-nexis.com/scholastic (6 September 2001).

3. Edwards, Chet, House of Representatives. “Community Solutions Act of 2001.” Congressional Record—Extensions. 147.95. Database On-line. Available from Lexis-Nexis Scholastic Universe http://web.lexis-nexis.com/scholastic (8 September 2001).

4. Gekas, George, House of Representatives. “Community Solutions Act of 2001.” Congressional Record—Extensions. 147.101. Database On-line. Available from Lexis-Nexis Scholastic Universe http://web.lexis-nexis.com/scholastic (6 September 2001).

5. Manzullo, Donald A., House of Representatives. “Community Solutions Act of 2001.” Congressional Record—Extensions. 147.104. Database On-line. Available from Lexis-Nexis Scholastic Universe http://web.lexis-nexis.com/scholastic (9 September 2001).

6. Moore, Dennis, House of Representatives. “Community Solutions Act of 2001.” Congressional Record—Extensions. 147.105. Database On-line. Available from Lexis-Nexis Scholastic Universe http://web.lexis-nexis.com/scholastic (31 August 2001).

7. Pence, Mike, House of Representatives. “Community Solutions Act of 2001.” Congressional Record—Extensions. 147.100. Database On-line. Available from Lexis-Nexis Scholastic Universe http://web.lexis-nexis.com/scholastic (8 September 2001).

8. Souder, Mark, House of Representatives. “Community Solutions Act of 2001.” Congressional Record—Extensions. 147.87. Database On-line. Available from Lexis-Nexis Scholastic Universe http://web.lexis-nexis.com/scholastic (9 September 2001).

9. Thune, John R., House of Representatives. “Community Solutions Act of 2001.” Congressional Record—Extensions. 147.104. Database On-line. Available from Lexis-Nexis Scholastic Universe http://web.lexis-nexis.com/scholastic (5 September 2001).

10. Waters, Maxene, House of Representatives. “Community Solutions Act of 2001.” Congressional Record—Extensions. 147.101. Database On-line. Available from Lexis-Nexis Scholastic Universe http://web.lexis-nexis.com/scholastic (9 September 2001).

11. Watson. “Community Solutions Act of 2001.” Congressional Record—Extensions. 147.103. Database On-line. Available from Lexis-Nexis Scholastic Universe http://web.lexis-nexis.com/scholastic (6 September 2001).

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