In the capital

Church & State, Sep 2000

Debate Over `Charitable Choice' Stalls Poverty Relief Bill

A comprehensive anti-poverty bill that includes "charitable choice" aid for churches has stalled in the Senate after easy passage in the House.

The legislation, known as the "New Markets Initiative" (H.R. 4923), would provide billions of dollars for investment in poor communities nationwide. Enactment seemed likely after the White House and House Republicans struck a deal in May to allow federal funds for faith-based substance abuse treatment. The House approved the bill July 25 by a 394-27 vote.

However, the charitable choice provision became a sticking point in the Senate. During consideration of the measure, Sen. Charles Robb (D-Va.) suggested the language stood in the way of passage.

"Charitable choice is the big philosophical divide," Robb told the Associated Press. "On almost all the other pieces, we're in basic agreement [with the Republicans]."

The church aid component stalled the bill, at least temporarily. Supporters of the faith-based approach unsuccessfully attempted to attach the legislation as an amendment to a measure repealing the estate tax.

The proposal, however, is far from gone. Congressional observers expect the legislation, with the charitable choice provisions, to be reintroduced as a free-standing bill before the end of the year.

Congress Passes Land Use Bill To Protect Religion

Both houses of Congress have passed legislation designed to offer greater protection to religious institutions in disputes over zoning and land use.

The bill, known as the Religious Land Use and Institutionalized Persons Act (RLUIPA), mandates that government must prove a "compelling interest" before restricting land use by religious institutions. The bill also gives additional flexibility to prison inmates to exercise their religion, so long as the practices do not undermine prison security.

RLUIPA follows several attempts by Congress to strengthen religious liberties. The broad-based Religious Freedom Restoration Act guaranteed an array of protections, but the U.S. Supreme Court struck down the law in 1997.

The new scaled-back measure sailed quickly though the House and Senate, passing each chamber unanimously. President Bill Clinton has announced that he will sign the bill into law.