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Other Resources |
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Social and Civil Policy Statements of the General Assembly |
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The General Assembly of the Presbyterian
Church (U.S.A.) has made many statements on social policy. In
addition to the minutes of the annual General Assembly meeting,
there are two excellent publications — the Social Policy
Compilation and God Alone Is Lord of the Conscience. |
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Social
Policy Compilation |
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This resource is produced by the
Advisory Committee on Social
Witness Policy. A new edition is published each January. Phone
Presbyterian Distribution Services at (800)524-2612 to order a
copy; the PDS order number is U68-600-00001. The price is $30.
General Assembly social policy statements back to 1946 are reviewed.
Chapters include the Church and Society, International Affairs,
War, Peace and Conscience, Human Rights, the Created Order, Economic
Issues, Race and the Rights of Minorities in America, the Status
of Women in Church and Society, Issues in the Life of the Nation,
Sexuality and Human Values, and Health.
$30.00
PDS #U6860000001
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God
Alone Is Lord of the Conscience |
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In 1988, the 200th General Assembly
adopted a major policy statement and recommendations regarding
religious liberty. This document is titled God Alone Is Lord
of the Conscience. It is available for $2.00 by calling Presbyterian
Distribution Services at (800)524-2612. The PDS order number is
OGA-88107. This excellent publication sets out the history, rationale,
and current status on a wide variety of religious liberty issues.
While we recommend the entire document (just over one hundred
pages) for all the background information, immediately below are
the pertinent affirmations adopted by the 200th General Assembly:
$2.00
PDS #OGA88107
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The Right of Church Autonomy and Government Regulation of Church
Activity |
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- Churches have a right of autonomy protected by the Free
Exercise clause of the First Amendment. Each worshiping community
has the right to govern itself and order its life and activity
free of government intervention.
- The government must assert a compelling interest and demonstrate
an imminent threat to public safety before the right of autonomy
may be set aside in specific instances and government permitted
to interfere with internal church activities. The need to
separate business activity from residential areas is not sufficient
neither to justify use of zoning regulations to prevent prayer
meetings in private homes nor to prohibit the use of the church
building as a shelter for the homeless.
- Churches have a fundamental right to be free of government
infiltration. Court-approved wiretaps and searches of church
premises can only be made on a showing that evidence of crime
endangering public health or safety will be removed or destroyed
and that no other less intrusive means exist to satisfy the
need to preserve such evidence.
- We concede the appropriateness of some governmental regulation
of church activities in the interests of public health and
safety. Fire and earthquake regulations, sanitary and building
codes may properly be made applicable to churches, provided
that they do not entail unreasonable cost, are genuinely health
and safety related, and are appropriate to the pattern of
church activity rather than a supposed secular analog. A church
kitchen used a few hours a month for church groups is not
the same as a public restaurant.
- The government may not require a congregation to maintain
a church structure because of its historical significance
or subject it to proceedings in eminent domain in order to
preserve a church structure. The church should make every
effort to cooperate with efforts to preserve esthetic and
architectural character but must finally itself be the judge
of what religious life and mission require concerning property
and its use.
- Internal disputes within churches, including disputes over
church property, should be decided by the highest ecclesiastical
authority recognized by both sides before the dispute arose.
The application of so-called "neutral principles of law"
by civil courts violates the right to autonomy of hierarchical
and connectional churches.
- Those who consent to be governed by a church, including
its employees, should not be subject to governmental regulation.
We reject the notion that minimum wage laws or other labor
regulations may properly be applied to church organizations.
- As a matter of faith and witness, the church has a moral
duty to provide adequate compensation and safe working conditions
for its employees and to offer employment without discrimination.
The church should voluntarily meet or exceed the standards
and practices required by law for nonreligious employers.
- Courts and public agencies called upon to assess the bona
fides of a claim to protection under the First Amendment should
not base their decision on traditional notions of religion
but should give substantial deference to the self-understanding
of that group, looking to the three considerations described
in this statement.
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Conduct
Motivated by Conscience |
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- Individuals should be excused from obeying laws of general
application that violate their conscience except when "the
gravest abuses endangering paramount interests give occasion
for permissible limitation."
- The legal defense of freedom of conscience must be conceived
broadly enough to include freedom for the nonreligious conscience.
- The protection of religious conscience should not be limited
to actions stemming from beliefs shared by all members of
one's religious group or to what is required by the creed
or order of one's religious group. It includes practice that
may be regarded as voluntary by one's religion as well as
that which is individually derived.
- The right of adults to refuse medical treatment for themselves
on religious grounds should be upheld; but not their right
to withhold medical care for their minor children when such
treatment is deemed necessary to prevent death or permanent
injury.
- The diversity of understandings of different religious groups
about what constitutes health should be respected.
- The right to observe the Sabbath and other days of religious
obligation should be protected, but not to the significant
material disadvantage of co-workers whose days of religious
obligation are different or those who are not religiously
affiliated.
- The present selective service law, which requires that conscientious
objectors be opposed to all wars, should be changed to allow
exemption as well for those opposed only to participation
in particular wars on the ground that they are unjust.
- Not all employment discrimination can be reached by laws.
The church should be prepared to expose, analyze, and confront
cases of discrimination in public or private employment based
on religious conviction or status, as well as on grounds of
race, religion, nationality, sex, or sexual orientation, and
to provide aid and comfort to the victims.
- Claims of Christian conscience should not be lightly or
cynically made, and should be tested to the maximum extent
possible by the counsel of the Christian community.
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Government Support for Religious Institutions |
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- Government payments on behalf of individuals, under programs
such as Medicare, Medicaid, and scholarship assistance, should
without exception be available to clients and students at
church-sponsored agencies and institutions on exactly the
same terms as if those patients or clients were receiving
their services from secular entities.
- Government should not discriminate against religious institutions
and agencies in the expenditure or administration of public
funds when the public purpose can be achieved by the religious
group in a way that does not support or advance religion.
When public funds are made available to private agencies to
meet welfare and social service needs, religious programs
and agencies should not be excluded provided that:
- the service is open to the public without discrimination
on the basis of race, age, sex, religion or national,
origin;
- the service is administered without religious emphasis
or content, or religious preference or other discrimination
in employment or purchase of services;
- no public funds are used by religiously controlled organizations
to acquire permanent title to real property. (Where existing
religiously owned property requires minor modifications
to meet specific requirements of the particular program
and there are public funds expressly available for such
purpose, they may be used by the church also);
- the religious organization or agency is subject to the
same provisions for safety, general standards and licensing,
qualifications of personnel, and financial accountability
as other private agencies.
- Since each state guarantees the right to a free public
elementary and secondary education and maintains universally
accessible institutions for that purpose, we oppose as a matter
of public policy the use of substantial public funds to support
private educational systems, including tax deductions or credits
and use of educational vouchers.
- Where government provides noncurricular services to both
public and private schools that involve the itineration of
public employees to the institutions, schools sponsored by
religious organizations should not be excluded.
- Tax deductions for contributions to religious agencies,
or for payments to religious schools should they be enacted,
should not be viewed as support or aid for religion. A policy
decision by the state to refrain from taxing is not equivalent
to a decision to appropriate public revenues.
- Service ministries operated by or related to Presbyterian
governing bodies, whether or not they receive public funds,
should offer all services without restriction based on race,
sex, religion, ethnic origin, or sexual orientation, and should
conform to requisite health and safety requirements and standards
regarding licensing and personnel qualifications. Where such
programs are expected to continue for considerable time, placing
them under the control of independent community-based bodies
should be carefully considered.
- In light of the division within the religious and public
life of this nation concerning government aid for religious
schools and the great significance of quality education for
all our children, we urge continuing study and reflection
on the whole subject at every level of the church. The child
benefit, purchase of service, and equal treatment approaches
in particular merit careful analysis, both in ongoing constitutional
interpretation and in public policy considerations.
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Taxation and Religious Organizations |
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- The state may not use its power to tax or to exempt from
taxation, to restrict, or place conditions on the exercise
of religion.
- The state may not tax the central exercise of religion or
property essential to the core functions of religion. We hold
that the application of the restrictions in Section 501(c)(3)
of the Internal Revenue Code to the speech of the church and
its leaders are an unconstitutional limitation on a central
exercise of religion.
- We support exemption of other church property and income
as a matter of legislative policy. Such exemptions do not
"establish" religion.
- We concede that some properties and operations of religious
organizations may be subjected to taxation by legislative
act; but we will resist all efforts to do so by administrative
determination, in the face of statutes that exempt churches
from taxation, that some properties or activities wholly controlled
and operated by the church as part of its mission are "nonreligious."
- We affirm the legitimacy of taxing unrelated business income
and property used to generate such income.
- Particular taxes or exclusions from taxes should treat religious
organizations equally with charitable and nonprofit organizations;
religious organizations should not be singled out for either
penalty or privilege except for the exemption of property
essential to the core functions of religion.
- Special tax exemptions or burdens for the property and income
of ministers or other church employees are inappropriate.
They should be phased out over a period long enough to accommodate
the reliance of many churches on existing exemptions.
- Payments to government for specific services billed separately
to all property owners are not "taxes" and may legitimately
be required of religious organizations at the same rate as
for other property owners.
- Churches should feel no obligation to make voluntary contributions
in lieu of taxes, and all such contributions should be truly
voluntary. They are not a quid pro quo for tax exemption.
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New Religions and Threats to Conversion |
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- The right to choose one's own religion, and to change that
choice, is the most fundamental religious liberty. This right
must be vigorously protected from governmental intrusion or
physical coercion, either by those seeking to convert or by
those seeking to prevent conversion. This right should also
be protected from fraud, but courts cannot evaluate claims
of religions faith.
- The church should be tolerant of other religions and respect
their right to proselytize and practice their beliefs in accordance
with the tenets of their faith.
- We oppose judicial and legislative efforts to interfere
with freely chosen and maintained religious commitments by
legal adults, whether based on attempts to define legally
undesirable "cult" religion, the use of conservator
and guardian procedures, or reversal through legally authorized
deprogramming.
- We further oppose the use of civil law by persons disaffected
or disenchanted with their religious experience, unless plausible
allegations of physical coercion or fraudulent claims related
to empirical facts are present. The right of religious freedom
carries responsibility for its exercise and the risk of disenchantment.
- The church should provide counsel, education, and support
for the family members and friends of those who have converted
to a new faith or undergone a powerful religious experience,
and indicate understanding and continued openness to those
who have converted.
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Religious Expression in Public Places |
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- Government must be neutral in matters of religion. It may
not show preference of one religion over others, for religion
in general, or for religion over nonreligion. While contact
and conversation between public officials and religious leaders
on public policy issues are certainly appropriate, official
institutional ties between government and religion are not.
For that reason, we continue to oppose the appointment of
ambassadors to the Holy See of the Roman Catholic Church.
- Government may not engage in, sponsor, or lend its authority
to religious expression or religious observance. We continue
to oppose any constitutional amendment to permit public schools
to sponsor prayer.
- Religious speech and assembly by private citizens and organizations,
initiated by them, is protected both by the Free Exercise
of Religion and Free Speech clauses of the Constitution and
cannot be excluded from public places.
- The display of religious symbols in connection with private
speech and assembly in public places is appropriate and legal.
We oppose the permanent or unattended display of religious
symbols on public property as a violation of the religious
neutrality required of government.
- Religious speech and assembly in public places may be regulated
by government as to time, place, and manner, but only in a
neutral manner and not to any greater extent than nonreligious
expression.
- Statutes permitting "moments of silence" in public
schools are not inherently unconstitutional but should not
be enacted because they are subject to misuse through pressures
to allow state-sponsored prayer or endorse religion.
- If a public secondary school permits genuinely extra-curricular
student-initiated group activities in noninstructional time,
religious expression should be permitted, subject to the same
regulations and restrictions.
- Public schools may constitutionally teach their students
about religion in a neutral way. The incorporation of factual
and objective references to the role of religion when teaching
history, social studies, art, and literature is essential
to a comprehensive and balanced education and should be encouraged
and assisted in every possible way.
- Presbyterians should be particularly vigilant to protect
the right to public religious expression for new and unpopular
minority faiths, and be sensitive to the faith and feelings
of others in their own public expressions of faith.
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Religious Participation in Public Life |
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- The corporate entities and individual members of the Presbyterian
Church (U.S.A.) are obliged by the religious faith and order
they profess to participate in public life and become involved
in the realm of politics.
- Pastors and officials of the church, as well as lay members,
have the right and responsibility to stand for and hold public
office when they feel called to do so.
- The "free exercise of religion" must be understood
to include and protect the right to practice faith in public
and private as well as the right to believe; and thus to include
participation in public affairs by the individuals and church
bodies for which such participation is an element of faith.
- As part of the church's participation in public life, governing
bodies of the Presbyterian Church (U.S.A.) at every level
should speak out on public and political issues, taking care
to articulate the moral and ethical implications of public
policies and practices.
- We recognize that speaking out on issues will sometimes
constitute implicit support or opposition to particular candidates
or parties, where policy and platform differences are clearly
drawn. Since such differences are the vital core of the political
process, church participation should not be curtailed on that
account; but we believe that it is generally unwise and imprudent
for the church explicitly to support or oppose specific candidates,
except in unusual circumstances.
- We reject and oppose any attempts on the part of the church
to exercise political authority or to use the political process
to achieve governmental sponsorship of worship or religious
practice.
- We oppose attempts by government to limit or deny religious
participation in public life by statute or regulation, including
Internal Revenue Service regulations on the amount or percentage
of money used to influence legislation, and prohibition of
church intervention in political campaigns. We will join with
others, as occasion permits, to seek repeal of such regulations
and statutes, or a definitive ruling by the Supreme Court
on their constitutionality.
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Nonprofit
Standard Mail Rate |
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The United States Postal Service
(USPS) offers certain nonprofit and other organizations reduced
standard mail bulk rates. This is an important benefit for churces
and governing bodies. For information, go to the USPS
site. In the search box, enter -- Special Rates for Nonprofit
Mailers. The publication can be printed.
Note: If your church body is at the stage it needs to prove
its federal tax exempt status, call Senior Legal Assistant Brenda
Smithers at (888) 728-7228 x5377. She can provide you with the
tax exempt letter for your governing body. |
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