EPPC Scholars Submit Comment Opposing Proposed Rule for Faith-Based Organizations Partnering with Nine Agencies


Published March 14, 2023

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On March 14, 2023, EPPC scholars Rachel N. Morrison and Eric Kniffin submitted a public comment opposing a proposed rule by nine different agencies that would modify regulations for faith-based organizations partnering with federally-funded social service programs across the nine agencies. 

The rule, titled “Partnerships With Faith-Based and Neighborhood Organizations,” would modify regulations for the Department of Education, Department of Homeland Security, Department of Agriculture, Agency for International Development, Department of Housing and Urban Development, Department of Justice, Department of Labor, Department of Veterans Affairs, and Department of Health and Human Services. 

Citing the long history in our nation of faith-based organizations providing vital services to those in need, the EPPC scholars write in their comment: 

President Biden recognized that faith-based organizations are essential to the delivery of services in our nation’s neighborhoods and emphasized the importance of strengthening the ability of such organizations to deliver services in partnership with the federal government while adhering to all applicable law. Yet without any demonstrated need, the proposed rule would gut religious accommodation protections for faith-based organizations partnering with the agencies to serve beneficiaries. The proposed rule is contrary to law and blatantly ignores constitutional and statutory religious protections. Most egregiously, the agencies ignore the plain text of Title VII’s religious organization exemption and misstate or ignore relevant case law. The agencies also fail to take adequate notice of recent Supreme Court First Amendment government funding decisions. To the extent they acknowledge the First Amendment’s “nondiscrimination rule” rule, they fail to apply it consistently across their proposed regulations. In short, the proposed rule is a solution in search of a problem, making it arbitrary and capricious. 

The scholars call on the agencies to withdraw the proposed rule and retain the existing regulations that more fully recognize religious protections for faith-based organizations partnering with the agencies. 

Read EPPC’s press release about EPPC’s and other groups’ comments here.


Rachel N. Morrison is a Fellow at the Ethics and Public Policy Center, where she directs EPPC’s HHS Accountability Project. An attorney, her legal and policy work focuses on religious liberty, health care rights of conscience, the right to life, nondiscrimination, and civil rights.

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