The storm eventually passed and then began a period of rebuilding. Disaster
aid from both private and governmental groups was given to help reconstruct
many of the damaged buildings. Much of the aid was distributed by
the Federal Emergency Management Agency, better known as FEMA.
Overall, thousands of organizations applied for aid. Among
them were three Texas churches. Nothing out of the ordinary, right?
Here’s where it gets interesting: much to the dismay of the three
churches, FEMA as a policy, made religious buildings ineligible for
post-disaster aid.
The plight of the Texas churches was short-lived, however. Once
President Trump was informed of the rule, he put an end to the policy, allowing
the churches to receive federal aid through FEMA. This act was applauded by
many who believe that houses of worship should receive the same type of federal
aid as any other affected building. In addition, many believe that
not giving aid to the churches would violate the first amendment free exercise
clause.
Americans United for the Separation of Church and State, on the
other hand, believe that repealing the policy shows a “clear violation of the U.S. Constitution and its protection of the
separation of church and state” citing the establishment clause of the first
amendment. Other critics state that FEMA has limited funds,
which should be spent repairing buildings which serve the entire community. This
point is bolstered by the fact that FEMA oftentimes withholds aid from
facilities that promote vocational training, community-wide athletics, and
political education.
Personally, I believe that the separation of church and state is
crucial to the very fabric of American democracy and see the value in the
federal government staying neutral towards religion or the lack thereof. That
being said, a clear distinction must be made between “neutral” and “secular.”
In reference to the state and religion, secularism means that the
state doesn’t support any religious entity and instead focuses on just the
secular needs of its people. This is a mentality held by countries
like France. In France, for example, it’s largely illegal to wear
outward symbols of religion, such as crosses, in public schools. As
one of my high school French teachers most eloquently put it, “in France, we
have freedom ‘from’ religion instead of freedom ‘of’ religion.”
Things are done a bit differently in America. Instead
of secularism, neutrality (arguably) is the mentality held by our government. This
means for example, that students in a public school are allowed to wear a cross
necklace or hijab without protest, as long as it doesn’t infringe on the rights
of anyone else.
In this case I chose to evaluate the issue through the lens of the
aforementioned neutrality. Was FEMA truly being neutral by making
religious buildings ineligible for aid? I think not.
As the hurricane didn’t tiptoe around the churches, destroying
everything else, every affected building should have the ability to receive
federal aid for damages, regardless of religious affiliation. It is
one thing to argue that other buildings such as schools or community centers
should receive aid first, but that shouldn’t mean that religious buildings be
completely barred from the discussion.
These claims should be reviewed as a case by case basis. If
it’s between an elementary school and a church, repair the school. If
in a different storm, a church and a monument dedicated to Nickelback are
damaged, maybe go for the church. The church may not serve everyone
in the community but it most definitely serves more people than the Nickelback
statue.
A similar conclusion was reached this past
June when the supreme court reviewed a case in which the state of Missouri
refused to give taxpayer grants to Trinity Lutheran, a private, religious
elementary school. The Supreme Court decided in a 7-2 decision that
the school should not be excluded from public grants towards the construction
of new playground equipment. In the majority opinion, Chief Justice
Roberts states that “By denying a benefit to a
church school because of its avowedly religious character, the state is
penalizing the free exercise of religions guaranteed by the Constitution.”
5 comments:
I agree with your point that there is a difference between being neutral and being secular, but if, like you suggest, allow FEMA to decide when some churches can get funding and others cannot based on the number of people they service, that could cause more problems than solve. By giving aid to the churches with the most membership that is supporting one religion over another and causing more establishment issues.
I also agree that the U.S. should take a neutral stance and fund churches who are in dire need of aid and funding after these horrific storms. I believe that if the U.S. were to act in a completely neutral and fair fashion, that all religious buildings without discriminating against a specific religion or religions, deserve to be treated as property that are inside of the country's borders and communal areas that should get the same financial support. If the government was to decide not to aid these churches, they would be hindering religion versus following the Establishment and Free-Exercise Clauses.
While the separation of church and state is imperative in the functioning of a stable democracy, we should look specifically towards what the funding is going towards. The church in this instance is used as a shelter towards the communities as churches are regularly the first to open their doors when disaster strikes and people lose their homes. For this case peoples, a shelter is at stake, and the issue of the establishment clause should be ignored during states of emergency like the one following Harvey. If we didn't have places like churches during natural disasters, people would likely have no place to go for food and shelter if they lose their homes, and providing disaster aid should not judge on who it is giving towards.
Although the separation of church and state was fundamental in the arguments presented by both James Madison and Thomas Jefferson within their respective works, there is a very valid argument that should be made regarding situational intervention by the state to protect churches. In this specific instance, the intervention of the FEMA (although not technically the state) to churches in the aftermath of a natural disaster should be encouraged so long as there is no bias regarding the distribution of funds to more popular churches. As Madison noted so well, the most important identity one has is there religion, and that retains more significant over national affiliations.
I believe that there are two ways that FEMA could handle this situation, but one way in which they should. One solution would be for FEMA to deny aid to all religious buildings, regardless of faith. That would be a secular solution that does not violate the establishment clause (although a case could be made that it violates the free exercise clause). The other solution, which I believe to be the better option, would be to open up funding to all religious buildings regardless of faith. That way as long as FEMA provides equal opportunity and shows non-preferential treatment to a particular religion, they will be able to provide strong community aid to the largely religious American South which often treats religious buildings as pivotal community centers, all without violating the free exercise or establishment clauses.
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