Legal Smarts: Best Practices of Faith and Health Partnerships American Public Health Association December 12, 2005 Melissa Rogers

Partnerships with Government Non-financial collaboration Financial collaboration

First Amendment to the U.S. Constitution Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;...

Some Other Sources of Law Federal laws and regulations State constitutions, laws and regulations City ordinances

Legal Requirements Legal requirements may vary depending on: specific government program; specific type of government aid; and state and local law. Also note: litigation and legislative processes may create relevant new law.

Seek Advice of an Attorney Seek advice of an attorney who will consider your specific situation and the application of law (federal, state and local) to it.

Nondiscrimination against Beneficiaries; Right to Secular Alternative Non-discrimination on the basis of beneficiaries’ religious affiliations or beliefs (or lack thereof) Right to an alternate provider (secular provider)

Direct Aid and Indirect Aid Some legal responsibilities may depend on whether government aid is direct (e.g., grants or contracts) or indirect (e.g., vouchers or certificates).

Direct Aid Religious activities (including worship, religious instruction and evangelism) must be paid for with private money, not government money Religious activities must be separated from the government program in time or location Participation in any religious activities must be purely voluntary

Indirect Aid Under certain circumstances, programs funded with indirect aid aren’t subject to the same requirements that apply to direct aid.

Employment Discrimination on the Basis of Religion Privately funded jobs Government-funded jobs

Regulation and Monitoring Regulation that follows government funds Government monitoring for compliance with standards, including church-state standards

Religious Character and Autonomy Religious name and religious references in mission statements Religious symbols and art Other aspects of religious character and autonomy

Some Types of Religious Providers Churches and other houses of worship Separate 501(c)(3) organizations

Segregation of Funds; Advice of Accountant Segregate government funds from non- government funds Consult with an accountant regarding financial reporting and audits

Transparency Government to religious provider Religious provider to government Religious provider to beneficiaries

Employee Education Written guidelines Workshops Trouble-shooting

For More Information Roundtable on Religion and Social Welfare Policy FASTEN (Faith and Service Technical Education Network)