In 2010, then-President Barack Obama created rules, through an executive order, for religious organizations that receive social service program funds from the government. One provision of these rules was that a religious social service providers refer potential clients to secular alternatives if a potential client objected to the religious character of the religious provider, and that they notify potential clients of their right to be referred to a secular alternative. Obama’s executive order also stipulated that religious service providers must keep all religious activities, “such as worship, religious instruction, or proselytization,” separate from their government funded programs and completely voluntary.
President Trump has abolished these rules by executive order, paving the way for the federal agencies that provide funding to religious organizations — which include the Department of Veterans Affairs (VA) — to change their policies and regulations. And this is exactly what the VA is now doing, through proposed policy changes that would lift all restrictions on federally-funded religious organizations.
If these proposed policy changes are implemented, religious social service organizations funded by the VA would no longer have to refer veterans who object to their religious character to secular alternative. The Trump administration’s rationale for this change? It places an undue burden on religious service providers that is not placed on secular service providers. Well, of course it would only be religious service providers that such a rule would apply to because there would be no constitutional reason for a potential client to object to a federally-funded secular organization! The rule requiring religious organizations to provide a secular alternative is not an “undue burden”: it is a constitutional necessity to protect the right of veterans to be free from having to accept services from an organization whose religious character they object to. There is no such constitutional necessity for secular organizations.
Additionally, the VA’s proposed policy changes would lift the restriction on religious service providers keeping their religious activities, “such as worship, religious instruction, or proselytization,” separate from their government funded programs and voluntary. The Trump administration’s rationale for this one? It is unnecessary because: “There is no basis on which to presume that they are less likely than other social service providers to follow the law.” Seriously? We can just trust all religious organizations not to mix religious activities and proselytizing into their federally-funded activities? No! We cannot trust all religious organizations to maintain this separation! There are some who will take advantage of any opportunity to proselytize! Therefore, an explicit rule prohibiting this is absolutely necessary.
Mikey Weinstein, the founder and president of the Military Religious Freedom Foundation (MRFF), emphatically condemned the proposed policy changes:
“This proposed rule change is simply horrific on every possible level. It is the evil epitome of fundamentalist Christian privilege and supremacy run amok. It must not EVER be allowed to become an actual rule. Under Trump, the Caligula in Chief, weaponized Christianity is being tremendously encouraged to metastasize and is enjoying its illicit heyday in direct violation of the Constitution, its construing federal and state caselaw, and all government regulations to an extent never before seen in the history of the republic.”
If you object to these proposed policy changes, you have until February 18 to voice your objections by commenting here. To read the full history of the proposed changes, it is available on the Federal Register.