“I don’t see anything in these acts of government-funding religion,” says Russell Moore, President of the Ethics & Religious Liberty Commission of the Southern Baptist Convention. The CARES Act money, distributed through the SBA, can be used for payroll as well as other operating costs such as rent, mortgage, and debt payments. “Not knowing at all what the future may hold, we wanted to take advantage of to take care of our staff and families,” says Jagen. There is no doubt that houses of worship, and religious organizations have been economically impacted by COVID-19. River Run Church in Chuluota, Florida is one of many churches that has been forced to transition to online services. The church’s pastor Tyler Jagen said the decision to apply for the SBA loan came down to economics. “This will be adjudicated, it will be tested in the courts, no doubt about it,” says Allen Hertzke, Professor of Political Science at the University of Oklahoma. In giving money directly to churches, in the form of potentially forgivable loans, isn’t the government funding religious activities? The nature of the crisis, however, leads some to ask instead: if the government didn’t offer aid to faith-based organizations, would it be discriminating against them on the basis of religion? “Explicitly religious activities cannot be funded by federal dollars,” says Katy Joseph, Director of Policy and Advocacy at Interfaith Alliance. “That is consistent with the establishment clause of the first amendment.”Ĭourts have been parsing the meaning of the first amendment since it became law. The longstanding tension is between its first two clauses: the establishment clause and the free exercise clause. The government cannot regulate religious activity, and it cannot prohibit the free exercise of religion. Since non-profit organizations were already included in the text of the CARES Act, the Small Business Administration only had to shift their policy to enable public assistance for faith-based organizations. In doing so, the Small Business Administration is ensuring that religious institutions, including houses of worship, are eligible for any loans that a private non-profit is eligible for under the CARES Act, regardless of how the money is used. The SBA makes clear that even the salaries of ministers and other staff engaged in the “religious mission” of the institutions can be covered under the grant.
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