Quote:
At any moment, state inspectors can step uninvited into one of the three child care centers that Ethel White runs in Auburn, Ala., to make sure they meet state requirements intended to ensure that the children are safe. There must be continuing training for the staff. Her nurseries must have two sinks, one exclusively for food preparation. All cabinets must have safety locks. Medications for the children must be kept under lock and key, and refrigerated.
The Rev. Ray Fuson of the Harvest Temple Church of God in Montgomery, Ala., does not have to worry about unannounced state inspections at the day care center his church runs. Alabama exempts church day care programs from state licensing requirements, which were tightened after almost a dozen children died in licensed and unlicensed day care centers in the state in two years.
The differences do not end there. As an employer, Ms. White must comply with the civil rights laws; if employees feel mistreated, they can take the center to court. Religious organizations, including Pastor Fuson’s, are protected by the courts from almost all lawsuits filed by their ministers or other religious staff members, no matter how unfairly those employees think they have been treated.
And if you are curious about how Ms. White’s nonprofit center uses its public grants and donations, read the financial statements she is required to file each year with the Internal Revenue Service. There are no I.R.S. reports from Harvest Temple. Federal law does not require churches to file them.
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In recent years, many politicians and commentators have cited what they consider a nationwide “war on religion” that exposes religious organizations to hostility and discrimination. But such organizations — from mainline Presbyterian and Methodist churches to mosques to synagogues to Hindu temples — enjoy an abundance of exemptions from regulations and taxes. And the number is multiplying rapidly.
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As Exemptions Grow, Religion Outweighs Regulation - New York Times
With respect to “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" I think these types of exemptions are, by and large, constitutional, if you take "establishment of religion" to mean a specific sect. So government can't say "Sikhs are bad, Protestants good." But government can in effect say "religion good, non-religion bad." (
Or can't it? I profess openly that I am not a U.S. constitutional scholar nor legal expert.)
The types of exemptions discussed in the New York Times article are worrying because of the interference in a fairly competitively market that they distort. The cost of being a non-religious non-profit organization becomes higher than if you were a religious non-profit organization. Further, there are reasons for regulations. Now in singular cases, you and I might disagree when a regulation is warranted, but most people would agree that if a regulation is adopted that it should be done as non-discriminatorally and as generically as possible, as suits the particular concern of the regulation.
The exemptions granted to organizations based purely on their ostensible religious metaphysics are
patently unfair. The practical effect of these exemptions (taxes, regulations, etc.) is that we all subsidize religion, and in America the effect is that we subsidize an
establishment of religion, that being Christianity, because by and large it is Christian churches that overwhelmingly predominate. Unless I am mistaken in my reading of First Amendment to the United States Constitution, which unfortunately does not bar the above type of legislatated loopholes and lollipops if read in its narrowest sense, it will take Congressional and State legislation to mend this, and America has by and large embraced a pro-religious mindset so I don't see mitigation coming anytime soon unless by route of activist judge.
What are your thoughts on this?