Director, UMHB Center for Religious Liberty
University of Mary Hardin-Baylor
Belton, Texas

WASHINGTON, DC – President Barack Obama signed an executive order on Thursday, February 5, to create the White House Office of Faith-based and Neighborhood Partnerships.  The office replaces the controversial Office of Faith-based and Community Initiatives that  George W. Bush  created to provide government grants to churches and other faith-based organizations to administer welfare programs.   ”The goal of this office will not be to favor one religious group over another–or even religious groups over secular groups,” Obama stated when announcing the new office at the annual National Prayer Breakfast.  The purpose, he said, “will simply be to work on behalf of those organizations that want to work on behalf of our communities, and to do so without blurring the line that our founders wisely drew between church and state.” 

The president’s announcement follows his selection last week of Pentecostal minister Joshua Dubois, 26, to direct the new office.  DuBois previously directed a religious outreach program in Obama’s former Senate office and holds a master’s degree in public affairs from Princeton University.  DuBois also headed the Obama campaign’s religious outreach efforts, which included organizing nearly 1,000 meetings with clergy across the country to discuss how government might work with faith-based and other community groups to improve the lives of people on the margins. 

Obama now faces the task of revamping the faith-based initiative while avoiding the criticism that was frequently directed at President Bush for ignoring prevailing church-state law. 

Obama now faces the task of revamping the faith-based initiative while avoiding the criticism that was frequently directed at President Bush for ignoring prevailing church-state law.   For example, many faith groups are now waiting to see if Obama will fulfill his campaign promise to prevent religion-based hiring for federally-funded positions within faith-based organizations that receive grants.   Under Bush, faith-based groups receiving government dollars were allowed to exclusively hire those of the same faith, a practice that defied traditional law and custom. Obama said in a campaign speech last summer, “If you get a federal grant, you can’t use that grant money to proselytize to the people you help and you can’t discriminate against them — or against the people you hire — on the basis of their religion.”  Obama has not specified how he will handle the hiring issue, but the executive order he signed Thursday calls for collaboration between his new office and the attorney general for advice on “difficult legal and constitutional issues.” (See www.pbs.org, 2-5-09).

No previous president had been as bold as Bush in crafting a specific program that would so dramatically challenge the American principle of church-state separation.  Grants to faith-based charities during the Bush years, more than 1300 total awards, averaged more than $2 billion annually.  While campaigning last summer, Obama criticized Bush’s plan, saying it “never fulfilled its promise.” Perhaps the greatest shortcoming of the Bush plan was the way it failed, as promised, to end discrimination against religion generally and against various religious groups specifically.  When the Bush plan was first announced in 2000, well-known evangelical leaders such as Jerry Falwell and Pat Robertson voiced objections to the plan because it threatened “Christian America” since groups like Scientology, the Unification Church, and Wicca might receive government money.  But this concern proved toothless, since according to one study in November 2006 reported by the Boston Globe, 98.3% of all Bush administration grants to faith-based agencies from the Office of Faith Based Initiatives were awarded to Christian groups.  The practice of excluding non-Christian groups was confirmed by a former staffer in the White House Office of Faith-Based and Community Initiatives.  David Kuo, in Tempting Faith: An Inside Story of Political Seduction, asserted that applications for federal faith-based funds were often rejected by reviewers because they came from non-Christian applicants.   Kuo reported being told by one grant reviewer, “When I saw one of those non-Christian groups on the set I was reviewing, I just stopped looking at them and gave them a zero. A lot of us did.” (Americans United Press Release, October 12, 2006).

President Obama faces a strong challenge to administer his new office in a way that fairly and effectively distributes government grants to worthy faith-based organizations while respecting settled American law governing the interplay between church and state. 

*************************************

The mission of The University of Mary Hardin-Baylor Center for Religious Liberty is to advance religious liberty for all persons, in all parts of the world, without regard to their religious, ethnic, gender, racial or national background. Religious liberty is a basic human right that must be nourished and protected by all human societies; it is the cornerstone of modern societies’ efforts to build a more peaceful world. The Center advances this mission by publishing relevant literature, hosting and sponsoring lectureships and conferences, sharing its expertise with media and other public information outlets, and partnering with other persons and groups who share the goal of advancing religious liberty.  The web site for the Center can be found at www.umhb.edu/academics/crl    

1. Derek H. Davis, J.D., Ph.D. is Dean of the College of Humanities and Dean of the Graduate School as well as director of the Center for Religious Liberty at the University of Mary Hardin-Baker in Belton, Texas.

On October 15 the Russian Ministry of Justice took steps to begin liquidating 56 non-Russian Orthodox religious organizations.  The groups face dissolution, Russian news sources reported, because they failed to file required annual reports on their activities. Those targeted include a range of non-Russian Orthodox organizations and churches but hardest hit were various Christian groups, both Protestant and Catholic.  Baptist groups were prominent on the list, but Methodist, Presbyterian, Lutheran, Seventh-day Adventist and Pentecostal groups were also included. Well known humanitarian groups such as World Vision and Youth with a Mission were also named, as was the Russian branch of the Billy Graham Evangelistic Association.   Non-Christian organizations were also named, including Muslim and Buddhist associations.

According to the Slavic Legal Center in Moscow, many of the organizations believe they are in full compliance with filing requirements and are surprised to be included in the list.  They are unsure if the posting is a scare tactic or if the Ministry of Justice indeed intends to pursue liquidations on a massive scale. Anatoly Pchelintsev, an attorney for the Slavic Center for Law and Justice, remarked that “such actions fly in the face of official Russian state policy on the freedom of worship and creed.” Pchelintsev believes the responsible officials are unaware of the complicated international ramifications of their actions and cites the possibility of “chaos and destabilization in church-state relations.”  He added that in the case of most of the affected organizations, the threatened punishment goes too far.  “In Russia there already are more than a dozen cases in which courts rendered decisions in favor of religious organizations since the punishment for their failure to submit information did not formally fit the crime committed.”  Moreover, he added, “liquidation for failure to submit information is equivalent to sentencing a jaywalker to the death penalty. After all, liquidation means that the organization’s life is put to an end.”  In addition, said Pchelintsev, “such actions are inconsistent with the policy of the Russian government, which guarantees freedom of conscience and religious confessions for each person. The widespread liquidation of religious associations for petty violations will lead to the crudest infringement of human rights in our country and to the self-isolation of the government.”

Pastor Vitaly Vlasenko, Director for External Church Relations of the Russian Union of Christians-Baptists, had a less dramatic reaction.  He warned against undue alarm, suggesting that the action by the Ministry of Justice is a mere “wake-up call.”  He reported that thousands of religious organizations were registered during the 1990s, and that because a number of them are now defunct, the Ministry is probably only attempting to clear out organizations that no longer function.  In some cases, he noted, registered and actual activities no longer match. For example, he said, in one instance, “a Baptist organization registered in Moscow is active only in Siberia.”

However, according to Joseph K. Grieboski, president of Washington DC’s Institute for Religion and Democracy, “the move to liquidate several organizations can be seen only as a move to limit and control their activity further.   Despite recent European Court of Human Rights cases against such activities and registration standards, the Russian Government continues its ongoing tightening of religious activity and continues to threaten free exercise of faith in Russia.”

It is too early to know precisely why the Ministry is threatening dissolution of so many religious groups.  Russians are accustomed to a degree of arbitrariness and intimidation as pertains to non-Orthodox religions, but are such threats really necessary?  Could not the organizations have been contacted separately and asked to supply needed information for compliance rather than discovering from outside sources that they suffer possible dissolution?    According to Pchelintsev, a majority of the organizations named in the list are seriously frightened, if not already in panic mode.

The Ministry of Justice’s action only bolsters the claim by many within Russia that the government is not serious about religious freedom but consistently works in tandem with the Russian Orthodox Church to pester, persecute and eliminate if possible other religions.  By most estimates, more than eighty percent of Russians today identify themselves as Orthodox. There is a saying in Russia: “To be Russian is to be Orthodox.”  Nevertheless, the restructuring of Russia that began in the late 1980’s was supposed to be about creating a democracy where freedom was ensured for all citizens, and all religions were to have equal standing before the law. 

But the Russian Orthodox Church was always a vocal critic of this new policy of religious freedom, and prevailed upon the Duma to pass a highly restrictive new law in 1997 that slowed Russia’s experiment with unlimited religious freedom.  This law, which comprehensively regulates church-state relations in Russia, specially acknowledges the unique contributions to Russia’s culture and statehood of several of the nation’s oldest religions––Russian Orthodoxy in particular–but it also discriminates against the Federation’s less traditional religions by requiring special registration procedures and by limiting the scope of the activities in which they can lawfully engage. 

Many religious organizations have already been liquidated under this law; frequently it has been used as a tool for officials throughout Russia to remove unwanted religious groups.  In the spirit of this sanctioned discrimination, it remains difficult for many religious organizations to buy or even rent property to be used for worship purposes, meet for worship services, conduct schools, disseminate religious literature, or proselytize.  “The Russian Orthodox Church is already halfway towards becoming a state church,” the business daily Kommersant wrote recently.  Another kind of disquiet was expressed by Anatoly Krasikov, an expert in socio-religious studies at the Russian Academy of Sciences, who warned, “if Orthodoxy becomes a new ideology, we’ll be right back to a totalitarian state.”  

 ”if Orthodoxy becomes a new ideology, we’ll be right back to a totalitarian state.”  

The Ministry of Justice’s action against 56 religious organizations might be a genuine but harmless attempt to bring the organizations into compliance with law.   But many inside Russia doubt whether there is not something more troublesome at play here.   It might well be Russia’s latest attempt to elevate Russian Orthodoxy to a position made prominent by reducing and eliminating the competition.  Russia must confront the task of how best to treat religion and religious institutions within an emerging democratic order.   Given Russia’s history, the Russian Orthodox Church might expect to have a dominant cultural role long into the future, but it is the Russian people, in democratic course, who must ultimately deny the church a preferred legal position. Their decision is key to the advance, or decline, of freedom in the new Russia.

Derek H. Davis, J.D., Ph.D. is Dean of the College of Humanities and Dean of the Graduate School as well as director of the Center for Religious Liberty at the University of Mary Hardin-Baker in Belton, Texas.

The mission of The University of Mary Hardin-Baylor Center for Religious Liberty is to advance religious liberty for all persons, in all parts of the world, without regard to their religious, ethnic, gender, racial or national background. Religious liberty is a basic human right that must be nourished and protected by all human societies; it is the cornerstone of modern societies’ efforts to build a more peaceful world. The Center advances this mission by publishing relevant literature, hosting and sponsoring lectureships and conferences, sharing its expertise with media and other public information outlets, and partnering with other persons and groups who share the goal of advancing religious liberty.  The web site for the Center can be found at www.umhb.edu/academics/crl

Photography by Ryan J. Bell.