The Florida Taxation and Budget Reform Commission will hear two proposed constitutional amendments tomorrow, either of which would threaten Floridians' religious freedom and civil rights by fundamentally altering the relationship between church and state in Florida.  With a two-thirds vote, the Commission has the authority to place constitutional proposals directly on the November 2008 ballot.  

For one-hundred forty years, the "No Aid Provision" of Article I, Section 3 of the Florida Constitution has provided for greater religious freedom and civil liberties protections than the First Amendment of the U.S. Constitution by specifically guaranteeing that no Florida taxpayer is compelled to support churches, synagogues, mosques or other houses of worship.  But that constitutional scheme will radically change if either of two constitutional proposals – CP0020 and CP0040 - becomes law.

Both proposals would repeal the "No Aid Provision."  CP0020 would mandate that when the state of Florida contracts with or gives grants to private institutions it must make houses of worship and other pervasively sectarian institutions eligible for taxpayer dollars.  

Similarly, CP0040 gives the legislature broad discretion to contract with houses of worship and pervasively sectarian institutions for "publicly-financed goods and services in every field."   It goes farther than CP0020 by exempting such public funding from Florida's Establishment Clause, which similar to the Federal Establishment Clause generally prohibits the State from advancing or endorsing religion.  This means that houses of worship would have the right to use taxpayer dollars for religious activities. 

Taxpayer Dollars

If either amendment becomes law, it is highly likely that millions of taxpayer dollars will flow to houses of worship and other pervasively sectarian institutions.  This means that taxpayers will be required, regardless of their religious belief or conscience, to fund houses of worship.  

Preexisting laws exempt religious institutions from prohibitions on religious-based employment discrimination.  For privately financed activities, these exemptions are necessary to minimize state interference with houses of worship and to further the missions of religious institutions. 

But under these proposals, houses of worship and other religious institutions would retain the right to hire and fire based on religion for taxpayer-funded jobs.  This means that taxpayers would be funding religious discrimination and religious missions.

Providing public dollars to houses of worship where faith is integral to these institutions would also create a high risk of unwanted proselytizing and religious activity within taxpayer-funded programs.  In most circumstances, sharing of one's faith comes from very good intentions.  But in the case of a publicly funded program that services the most vulnerable in our society, the homeless, hungry and addicted, such beneficiaries are unlikely to object to unwanted religious activities in the course of receiving taxpayer-funded services. 

The proposed amendments also have no bearing on religiously affiliated organizations such as Catholic Charities, Jewish Federations or Lutheran Social Services, which under current law already receive state funds.  However, taxpayer funding of such organizations does not raise similar concerns.  Federal and state laws generally prohibit religiously affiliated organizations from hiring and firing based on religion. 

Furthermore, religiously-affiliated organizations ensure that they do not proselytize or pressure religious activity on the beneficiaries they serve.  So for decades, religiously-affiliated organizations have used public dollars to help combat poverty and to provide housing, education, and health care services for those in need largely unburdened by concerns over discrimination or entanglement between government and religion.  More information about these proposals and how to contact the Taxation and Budget Reform Commission can be found on the Commission web site: www.floridatbrc.org.

The Anti-Defamation League, founded in 1913, is the world's leading organization fighting anti-Semitism through programs and services that counteract hatred, prejudice and bigotry.