Petition 80591

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Church-Government Relations (80591-C1-R242)

In response to a question about paying taxes, Jesus said: "Then give to Caesar what is
Caesar's and to God the things that are God's" (Luke 20:25). Although this statement
refers specifically to taxation, its apparent implications are that there are separate
obligations and responsibilities to government and to religion.
In Luke 20:20-26 the teachers of the law and the scribes sent “spies” to watch Jesus closely hoping to entrap him in either a theological or political error. They asked him whether or not it was right to pay taxes to Caesar. Considering that taxes were a means of Roman oppression and the inscription on the coin represented submission to Caesar, this is a dangerous question for Jesus. For the Israelites suffering under Roman imperialism, to answer in the affirmative would imply that Roman colonization is an appropriate form of governance and that God’s people should accept whatever form of government, no matter how repressive, they find themselves under. However, we know that Jesus did not uphold the right of government to oppress its people because he was brought before Pilate on charges of treason, which he never refuted (Luke 23:1-2). If Jesus had answered the question negatively he would have been openly calling for revolt against the ability of Rome to tax its people. In Jesus’ answer, “Then give to the emperor the things that are the emperor’s, and to God what is God’s,” he refuses to incriminate himself through the questions of those out to trap him. We know that Scripture presents various examples and ways for the people of God to relate with the governing authorities. Jesus does not call his followers to open revolt although there are times when biblical faithfulness will necessitate civil disobedience to the ruling authorities (Acts 4:1-20). Jesus does not call his followers to submit blindly to all governing authorities although there are times when biblical faithfulness necessitates compliance (Romans 13:5-6). While declaring our ultimate allegiance is to God, Scripture recognizes that faithfulness to God requires political engagement by the people of God. The nature of this engagement is determined by the particular situation and biblical faithfulness.  
The Social Principles of The United Methodist Church assert: "We believe that the state should not attempt to control the church, nor should the church seek to dominate the state. 'Separation of church and state' means no organic union of the two, but it does permit interaction. The church should continually exert a strong ethical influence upon the state, supporting policies and programs deemed to be just and opposing policies and programs that are unjust" (¶ 164B). As we consider the religious protections of the First Amendment of the U.S. Constitution—the free exercise and non-establishment of religion—we are profoundly grateful for the major statement made by the 1968 General Conference on "Church/Government Relations." In recognizing that debt, we reaffirm the substance of that declaration.  
A Statement Concerning Church-Government Relations and Education
The fundamental purpose of universal public education at the elementary and secondary levels is to provide equal and adequate educational opportunities for all children and young people, and thereby ensure the nation an enlightened citizenry.  
We believe in the principle of universal public education, and we reaffirm our support of  
public educational institutions. At the same time, we recognize and pledge our continued allegiance to the U.S. constitutional principle that citizens have a right to establish and maintain private schools from private resources so long as such schools meet public standards of quality. Such schools have made a genuine contribution to society. We do not support the expansion or the strengthening of private schools with public funds. Furthermore, we oppose the establishment or strengthening of private schools that jeopardize the public school system or thwart valid public policy. We specifically oppose tuition tax credits, school vouchers, or any other mechanism that directly or indirectly allows government funds to support religious schools at the primary and secondary level. Persons of one particular faith should be free to use their own funds to strengthen the belief system of their particular religious group. They should not, however, expect all taxpayers, including those who adhere to other religious belief systems, to provide funds to teach religious views with which they do not agree. To fulfill the government's responsibility in education, sometimes government and nonpublic educational institutions need to enter a cooperative relationship. But public funds should be used only in the best interests of the whole society. Extreme caution must be exercised to ensure that religious institutions do not receive any aid directly or indirectly for the maintenance of their religious expression or the expansion of their institutional resources. Such funds must be used for the express purpose of fulfilling a strictly public responsibility, and should be subject to public accountability. By providing a setting for contact at an early age between children of vastly different backgrounds, public schools have often been an important unifying force in modern pluralistic society. We recognize in particular that persons of all religious backgrounds may have insight into the nature of ultimate reality, which will help to enrich the common life. It is therefore essential that the public schools take seriously the religious integrity of each child entrusted to their care. Public schools may not properly establish any preferred form of religion for common exercises of worship, religious observance, or study. At the same time, however, education should provide an opportunity for the examination of the various religious traditions of humankind. We believe that every person has a right to an education, including higher education, commensurate with his or her ability. It is society's responsibility to enable every person to enjoy this right. Public and private institutions should cooperate to provide for these educational opportunities. Freedom of inquiry poses a risk for established ideas, beliefs, programs, and institutions. We accept that risk in the faith that all truth is of God. Colleges and universities can best perform their vital tasks of adding to knowledge and to the perception of truth in an atmosphere of genuine academic freedom. We affirm the principle that freedom to inquire, to discuss, and to teach should be regulated by the self-discipline of scholarship and the critical examination of ideas in the context of free public dialogue, rather than by censorship by supervisors, school boards, or any control imposed by churches, governments, or other organizations. In the educational process, individuals have the right to appropriate freely for themselves what they believe is real, important, useful, and satisfying. Experience has demonstrated that freedom to inquire, to discuss, and to teach is best preserved when colleges and universities are not dependent upon a single base or a few sources of support. When an educational institution relies upon multiple sources of financial support, and where those sources tend to balance one another, the institution is in a position to resist undue pressures toward control exerted from any one source of support. In the case of church-related colleges and universities, we believe that tuitions; scholarships; investment return; bequests; payments for services rendered; loans; government grants; and gifts from individuals, business corporations, foundations, and churches should be sought and accepted in as great a variety as possible. Care must be exercised to ensure that all support from any of these sources is free from conditions that hinder the college or university in the maintenance of freedom of inquiry and expression for its faculty and students. We are very much aware of the dangers of church-sponsored colleges and universities being overly dependent upon government funding. However, we are also aware that given the independent thought of most college students today, there is little danger of using government funds to indoctrinate students with religious beliefs. Therefore, institutions of higher learning should feel free to receive government funds (except for religious teaching and structures for worship). At the same time, they should be eternally cognizant of the dangers of accompanying government oversight that might threaten the religious atmosphere or special independent character of church-sponsored educational  
institutions. No church-sponsored higher education institution should become so dependent upon government grants, research projects, or support programs, that its academic freedom is jeopardized, its responsibility for social criticism (including criticism of governments) inhibited, or its spiritual values denied. We recognize that the freedom necessary to the existence of a college or university in the classical sense may be threatened by forces other than those involved in the nature and source of the institution's financial support. Institutional freedom may be adversely affected by governmental requirements of loyalty oaths from teachers and students, by public interference with the free flow of information, or by accreditation and certification procedures and requirements aimed at dictating the content of college and university curricula. With respect to church-related institutions of higher education, we deplore any ecclesiastical attempts to manipulate inquiry or the dissemination of knowledge, to use the academic community for the promotion of any particular point of view, to require ecclesiastical loyalty oaths designed to protect cherished truth claims, or to inhibit the social action activities of members of the academic community. We call upon all members of The United Methodist Church, in whatever capacity they may serve, to be especially sensitive to the need to protect individual and institutional freedom and responsibility in the context of the academic community. We are persuaded that there may be circumstances or conditions in which the traditional  
forms of tax immunities granted to colleges and universities may be a necessary requirement for their freedom. Therefore, we urge a continuation of the public policy of granting reasonable and nondiscriminatory tax immunities to all private colleges and universities, including those that are related to churches. We believe that colleges and universities should consider the benefits, services, and protections that they receive from the community and its governmental agencies and should examine their obligations to the community in the light of this support. We believe it is imperative that all church-related institutions of higher education determine on their own initiative what benefits, services, and opportunities they ought to provide for the community as a whole, as distinct from their usual campus constituencies.  
A Statement Concerning Church-Government Relations and Governmental Chaplaincies
We recognize that military and public institutional chaplaincies represent efforts to provide for the religious needs of people for whom both churches and governments are responsible. We recognize that in such a broad and complex undertaking there are bound to exist real and serious tensions that produce genuine uneasiness on the part of government officials as well as church leaders. Great patience and skill are required to effect necessary accommodations with understanding and without compromising religious liberty. We believe that there are both ethical and constitutional standards that must be observed by governments in the establishment and operation of public chaplaincies. At a minimum, those standards are as follows: First, the only obligation that governments have is to ensure the provision of opportunities for military personnel, patients of hospitals, and inmates of correctional institutions to engage in religious worship or have access to religious nurture. Second, participation in religious activities must be on a purely voluntary basis; there must be neither penalties for nonparticipation nor any rewards for participation. Third, no preferential treatment should be given any particular church, denomination, or religious group in the establishment and administration of governmental chaplaincies. Fourth, considerable care should be exercised in the role assignments of chaplains so they are not identified as the enforcers of morals. Precaution should also be taken to avoid chaplains' being given duties not clearly related to their primary tasks. Standards should be maintained to protect the integrity of both churches and governments. The practice of staffing governmental chaplaincies with clergy personnel who have ecclesiastical endorsement should be continued. The practice of terminating the services of such personnel in any instance where it becomes necessary for ecclesiastical endorsement to be withdrawn should also be continued. Supervision of clergy personnel in the performance of their religious services in governmental chaplaincies should be clearly effected through ecclesiastical channels with the cooperation of the public agencies and institutions involved. In the performance of these administrative functions, churches and agencies of government have an obligation to be fair and responsible and to ensure that due process is observed in all proceedings. The role of a governmental chaplain should be primarily pastoral but with important priestly, prophetic, and teaching roles. The chaplain has an obligation to perform these ministries in as broad an ecumenical context as possible. A chaplain is responsible for the spiritual welfare and religious life of all the personnel of the military unit or the public institution to which he or she is assigned. There are many persons, and some groups, whose personal religious practices or whose church's rules make it impossible for them to accept the direct ministry of a particular chaplain. In such instances, the chaplain, to the full extent of his or her powers, has an obligation to make provision for worship by these persons or groups. A chaplain is expected to answer specific questions by members of faith groups other than his or her own. Chaplains must know the basic tenets of their denominations in order to protect such members in the expression and development of their faith. The absence of parochialism on the part of a chaplain is more than an attitude; it necessitates specific, detailed, and accurate knowledge regarding many religions. The churches should strive to make public chaplaincies integral expressions of their ministry and to face the implications of this for supervision and budget. The chaplain represents the church by affirming the dignity of all persons in military service through the chaplain's function in upholding their freedom of religion and conscience. Every person exists within a broader set of values than those of the military, and within a broader spectrum of responsibilities than those created by military orders. The chaplain is a bearer of the gospel to affirm the freedom of the individual and represents The United Methodist Church at that point of tension. Whether the freedom of the gospel is compromised or limited may be a result of either external pressures or internal submission, or both. Failure to system or any individual. It is the task of the church to confront prophetically institutions  
or chaplains who compromise the gospel. The United Methodist Church provides presence, oversight, and support to chaplains who risk ministry in such a setting. There are degrees of tension in present arrangements whereby a chaplain is a commissioned officer of the armed forces or an employee of a public institution. As such, he or she is a member of the staff of the military commander or of the director of the public institution involved. Government regulations and manuals describe him or her as the adviser on religion, morals, morale, and welfare. Therefore, we believe it is the chaplain's duty in faithfulness to his or her religious commitments to act in accordance with his or her conscience and to make such viewpoints known in organizational matters affecting the total welfare of the people for whom the chaplain has any responsibility. The chaplain has the obligation and should have the opportunity to express his or her dissent within the structures in which the chaplain works, in instances where he or she feels this is necessary. With respect to such matters, it is the obligation of religious bodies to give the chaplain full support. Churches must encourage chaplains who serve in the armed forces to resist the exaltation of power and its exercise for its own sake. They must also encourage chaplains who serve in public institutions to maintain sensitivity to human anguish. Churches and chaplains have an obligation to speak out conscientiously against the unforgiving and intransigent spirit in people and nations wherever and whenever it appears.  
A Statement Concerning Church-Government Relations and Tax Exemption  
We believe that governments recognize the unique category of religious institutions. To  
be in this unique category is not a privilege held by these institutions for their own benefit or self-glorification but is an acknowledgment of their special identity designed to protect their independence and to enable them to serve humankind in a way not expected of other types of institutions. We urge churches to consider at least the following factors in determining their response to the granting of immunity from property taxes:  
  1.     responsibility to make appropriate contributions for essential services provided by government; and  
2.     the danger that churches become so dependent upon government that they compromise their integrity or fail to exert their critical influence upon public policy. We support the abolition of all special privileges accorded to members of the clergy in U.S. tax laws and regulations and call upon the churches to deal with the consequent financial implications for their ministers. Conversely, we believe that all forms of discrimination against members of the clergy in U.S. tax legislation and administrative regulations should be discontinued. We believe that the status of an individual under ecclesiastical law or practice ought not to be the basis of governmental action either granting or withholding a special tax benefit.  
  A Statement Concerning Church Participation in Providing Social Services
We believe that all the organizations and resources of the private sector, as well as those of governments, should be taken into account in the formulation and execution of social welfare policies. We recognize that appropriate government bodies have the right to prescribe minimum  
standards for all public and private social welfare agencies. We believe that no private agency, because of its religious affiliations, ought to be exempted from any of the requirements of such standards. Governmental provision of material support for church-related agencies inevitably raises important questions of religious establishment. In recognition, however, that some health, education, and welfare agencies have been founded by churches without regard to religious proselytizing, we consider that such agencies may, under certain circumstances, be proper channels for public programs in these fields. When government provides support for programs administered by private agencies, it has the most serious obligation to establish and enforce standards guaranteeing the equitable administration of such programs and the accountability of such agencies to the public authority. In particular, we believe that government resources should not be provided to any church-related agency unless it meets the following minimum criteria:  
  1. The services to be provided by the church-related agency shall meet a genuine community need.  
2. The services of the agency shall be designed and administered in such a way as to avoid serving a sectarian purpose or interest.  
3. The services to be provided by the agency shall be available to all persons without regard to race, color, national origin, creed, or political persuasion.  
  4. The services to be rendered by the agency shall be performed in accordance with accepted professional and administrative standards.  
5. Skill, competence, and integrity in the performance of duties shall be the principal considerations in the employment of personnel and shall not be superseded by any requirement of religious affiliation.  
6. The right to collective bargaining shall be recognized by the agency. We recognize that all of the values involved in the sponsorship of a social welfare agency by a church may not be fully expressed if that agency has to rely permanently on access to government resources for its existence. We are also aware that under certain circumstances, sponsorship of a social welfare agency by a church may inhibit the development of comprehensive welfare services in the community. Therefore, the church and the agency should choose which pattern of service to offer: (1) channeling standardized and conventional services supplied or supported by government, or (2) attempting experimental or unconventional ministries and criticizing government programs when they prove inadequate. We believe that these two patterns are difficult, if not impossible, to combine in the same agency, and that the choice between them should be made before dependence upon government resources makes commitment to the first pattern irreversible. In their efforts to meet human needs, churches should never allow their preoccupation with remedial programs under their own direction to divert them or the larger community from a common search for basic solutions. In dealing with the elimination of the conditions of poverty and hunger, churches should have no stake in programs that contribute to promote dependency or embody attitudes and practices that fail to promote self-sufficiency.  
We believe that churches have a moral obligation to challenge violations of the civil  
  rights of the poor and marginalized. They should direct their efforts toward helping the  
poor overcome the powerlessness that makes such violations of civil rights possible.  
Specifically, churches should protest such policies and practices by welfare personnel as  
unwarranted invasions of privacy and oppose any requirement of attendance at church  
activities in order to qualify for social services.  
A Statement Concerning Church Participation in Public Affairs
We recognize that churches exist within the body politic, along with numerous other forms of human association. Like other social groups, their existence affects, and is affected by, governments. We believe that churches have the right and the duty to speak and act corporately on those matters of public policy that involve basic moral or ethical issues and questions. Any concept of, or action regarding, church-government relations that denies churches this role in the body politic strikes at the very core of religious liberty. The attempt to influence the formation and execution of public policy at all levels of government is often the most effective means available to churches to keep before humanity the ideal of a society in which power and order are made to serve the ends of justice and freedom for all people. Through such social action churches generate new ideas, challenge certain goals and methods, and help rearrange the emphasis on particular values in ways that facilitate the adoption and implementation of specific policies and programs that promote the goals of a responsible society.  
We believe that any action that would deny the church the right to act corporately on  
public policy matters threatens religious liberty. We therefore oppose inclusion of churches in any lobby disclosure legislation. This does not mean, in any way, that we wish to hide actions taken by the church on public issues. On the contrary, we are usually proud of such actions. It does recognize, however, that the church is already responding to members who request information with respect to church action on public policy questions. In effect, in accordance with legislation enacted by the 1976 General Conference, The United Methodist Church already has its own lobby disclosure provisions in place. It is quite another matter, however, for the government to insist that it must know everything about what a church is saying in its private communications with its own members. When the U.S. Supreme Court acted in the 1971 landmark case of Lemon v. Kartzman (403 U.S. 602, 612-13), the Court applied a test to determine the constitutionality of legislation on First Amendment grounds as it deals with religion. Among its three criteria were these two: (1) its principal or primary effect must neither advance nor inhibit religion; (2) the statute must not foster an excessive government entanglement with religion. Lobby disclosure legislation before the U.S. Congress over the last several years has required: (1) extremely burdensome record keeping and reporting of all legislative activity; (2) reporting of contributions of churches giving $3,000 or more annually to a national body if a part of this is used for legislative action; (3) criminal penalties with up to two years in jail for violations; and (4) unwarranted subpoena powers to investigate church records. Legislation that passed the House in 1978 would have required detailed records of expenditures of twenty-two items. As such, it would have been burdensome and would inhibit religion in that The United Methodist Church would have been severely handicapped in implementing its Social Principles due to being neutralized by minutia. Furthermore, if the government insists on knowing everything the church is doing on public policy questions over a five-year period (as was required) and imposes a criminal sentence for violations, this could inhibit religion to the extent that the church might be tempted to limit severely its activity to avoid noncompliance. If the government is going to require that religious groups keep burdensome records and make voluminous reports, and there is some question as to whether the churches are complying, federal authorities would be authorized to step in and check church records and files. Such action would undoubtedly represent an unconstitutional excessive government entanglement with religion. The United Methodist Church would have great difficulty in complying with the provision that all organizational contributions of $3,000 annually be reported if some of these funds are used for lobbying. Since local churches contribute generously to the World Service Fund, and a small portion of those funds is used for legislative action, this brings our church under coverage of this provision. Such a requirement could mean that reports of contributions of some 30,000 United Methodist churches would have to be made we would be in violation, having knowingly omitted material facts required to be  
disclosed. As a result, church officials would be subject to criminal penalties of up to two years in prison. For these reasons, we oppose lobby disclosure measures for the churches. In its most stringent form, legislation such as this would inhibit our free exercise of religion. It would be impossible for the church to comply with certain provisions, thus subjecting our church leaders to criminal penalties. We believe that churches must behave responsibly in the arena of public affairs. Responsible behavior requires adherence to ethically sound substantive and procedural norms. We live in a pluralistic society. In such a society, churches should not seek to use the authority of government to make the whole community conform to their particular moral codes. Rather, c Churches should seek to enlarge and clarify the ethical grounds of public discourse and to identify and define the foreseeable consequences of available choices of public policy. In participating in the arena of public affairs, churches are not inherently superior to other participants; hence the stands that they take on particular issues of public policy are not above question or criticism. Responsible behavior in the arena of public affairs requires churches to accept the fact that in dealing with complex issues of public policy, good intentions and high ideals need to be combined with as much practical and technical knowledge of politics and economics as possible. Another norm of responsible behavior derives from the fact that no particular public policy that may be endorsed by churches at a given point in time should be regarded as an ultimate expression of Christian ethics in society. Churches should not assume that any particular social pattern, political order, or economic ideology represents a complete embodiment of the Christian ethic. When churches speak to government, they also bear the responsibility to speak to their own memberships. Cultivation of ethically informed public opinion is particularly crucial in local congregations. It is essential to responsible behavior that procedures be established and maintained to ensure full, frank, and informed discussion by religious groups within the arena of public affairs. In the present period of human history, attention should be given to the dignity of every person, and appeal should be made to the consciences of all persons. Churches must acknowledge and respect the role of the laity as well as the clergy in determining their behavior in the arena of public affairs. Because of their commitment to unity, and in the interest of an effective strategy, churches should, to the maximum extent feasible, coordinate their own efforts and, where appropriate, cooperate with other organizations when they seek to influence properly the formation and execution of public policy at all levels of government. Finally, churches should not seek to utilize the processes of public affairs to further their own institutional interests or to obtain special privileges for themselves. United Methodism is a part of the universal church. In the formulation and expression of the United of church members and churches in all nations. It is imperative that our expressions and actions be informed by participation in the universal church. With particular reference to The United Methodist Church and public affairs, we express the following convictions: Connectional units of the denomination (such as General Conference, jurisdictional conference, annual conference, local congregation, or general board or agency) should continue to exercise the right to advocate government policies that involve basic moral or ethical issues or questions. In exercising this right, each such connectional unit, or any other official group within The United Methodist Church, should always make explicit for whom or in whose name it speaks or acts in the arena of public affairs. Only the General Conference is competent to speak or act in the name of The United Methodist Church. ADOPTED 1980, AMENDED AND READOPTED 2000 See Social Principles, ¶ 164A and D.