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We were assured we would not have to alter anything in our building. The debate with the 10 commandments in courthouses was active at the time, so it was asked. We were told we could still conduct our normal business that was not associated with the food pantry. Again, they recruited us, we did not seek them out.
Just like the government........we are asking for your help. We would like to be able to use your facilities and free labor to disperse food to the needy. BTW, you must quit your regular activities while you do this.
I agree that they are now claiming this is the rules. My earlier point is how do you rectify the two conflicting statements from the USDA? They say that they do not have to take the pictures down but then someone comes in and tells them they do.
That would show the actions of someone with an agenda. The place can offer Bibles if that is what the people want. Government employee's do stupid things all the time. Just because they do it doesn't make it legal.
Just because it's policy doesn't mean it's constitutional.
What if it is federal law? EQUAL OPPORTUNITY FOR RELIGIOUS ORGANIZATIONS
Code of Federal Regulations
Title 7 - Agriculture
Volume: 1
Date: 2009-01-01
Original Date: 2009-01-01
Title: PART 16 - EQUAL OPPORTUNITY FOR RELIGIOUS ORGANIZATIONSContext:
Title 7 - Agriculture. Subtitle A - Office of the Secretary of Agriculture.
The rights and responsibilities:
Quote:
§ 16.2
Rights of religious organizations.
(a) A religious organization is eligible, on the same basis as any other eligible private organization, to access and participate in USDA assistance programs. Neither the Federal government nor a State or local government receiving USDA assistance shall, in the selection of service providers, discriminate for or against a religious organization on the basis of the organization's religious character or affiliation.
(b) A religious organization that participates in USDA assistance programs will retain its independence and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use USDA direct assistance to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, a religious organization may:
(1) Use space in its facilities to provide services and programs without removing religious art, icons, scriptures, or other religious symbols,
(2) Retain religious terms in its organization's name,
(3) Select its board members and otherwise govern itself on a religious basis, and
(4) Include religious references in its organizations' mission statements and other governing documents.
(c) In addition, a religious organization's exemption from the Federal prohibition on employment discrimination on the basis of religion, set forth in section 702(a) of the Civil Rights Act of 1964, 42 U.S.C. 2000e-1, is not forfeited when an organization receives USDA assistance.
§ 16.3
Responsibilities of participating organizations.
(a) An organization that participates in programs and activities supported by direct USDA assistance programs shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief.
(b) Organizations that receive direct USDA assistance under any USDA program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the programs or services supported with direct USDA assistance. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services supported with direct assistance from USDA, and participation must be voluntary for beneficiaries of the programs or services supported with such direct assistance. These restrictions on inherently religious activities do not apply where USDA funds or benefits are provided to religious organizations as a result of a genuine and independent private choice of a beneficiary or through other indirect funding mechanisms, provided the religious organizations otherwise satisfy the requirements of the program.
(c) Nothing in paragraphs (a) or (b) shall be construed to prevent religious organizations that receive USDA assistance under the Richard B. Russell National School Lunch Act, 42 U.S.C. 1751 et seq., the Child Nutrition Act of 1966, 42 U.S.C. 1771 et seq., or USDA international school feeding programs from considering religion in their admissions practices or from imposing religious attendance or curricular requirements at their schools.
(d)(1) Direct USDA assistance may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting USDA programs and activities and only to the extent authorized by the applicable program statutes and regulations. Direct USDA assistance may not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used by the USDA funding recipients for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, direct USDA assistance may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to USDA funds. Sanctuaries, chapels, or other rooms that an organization receiving direct assistance from USDA uses as its principal place of worship, however, are ineligible for USDA-funded improvements. Disposition of real property after the term of the grant or any change in use of the property during the term of the grant is subject to government-wide regulations governing real property disposition (see 7 CFR parts 3015, 3016 and 3019).
(2) Any use of direct USDA assistance funds for equipment, supplies, labor, indirect costs and the like shall be prorated between the USDA program or activity and any use for other purposes by the religious organization in accordance with applicable laws, regulations, and guidance.
(3) Nothing in this section shall be construed to prevent the residents of housing receiving direct USDA assistance funds from engaging in religious exercise within such housing.
So, according to federal regulations, the Christian Service Center could have kept it's pictures of Jesus, but had to stop proselytizing. They chose to sever their relationship with the USDA.
Thanks to hammertime for directing us all to a definitive source.
This is what the faith based executive order (as amended in 2010) states specifically about organizations accepting federal assistance. (including cheese)
f) Organizations that engage in explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization) must perform such activities and offer such services outside of programs that are supported with direct Federal financial assistance (including through prime awards or sub-awards), separately in time or location from any such programs or services supported with direct Federal financial assistance, and participation in any such explicitly religious activities must be voluntary for the beneficiaries of the social service program supported with such Federal financial assistance.
(g) Faith-based organizations should be eligible to compete for Federal financial assistance used to support social service programs and to participate fully in the social service programs supported with Federal financial assistance without impairing their independence, autonomy, expression outside the programs in question, or religious character. Accordingly, a faith-based organization that applies for, or participates in, a social service program supported with Federal financial assistance may retain its independence and may continue to carry out its mission, including the definition, development, practice, and expression of its religious beliefs, provided that it does not use direct Federal financial assistance that it receives (including through a prime award or sub-award) to support or engage in any explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), or in any other manner prohibited by law.Among other things, faith-based organizations that receive Federal financial assistance may use their facilities to provide social services supported with Federal financial assistance, without removing or altering religious art, icons, scriptures, or other symbols from these facilities. In addition, a faith-based organization that applies for, or participates in, a social service program supported with Federal financial assistance may retain religious terms in its name, select its board members on a religious basis, and include religious references in its organization's mission statements and other chartering or governing documents.
The document seems to contradict itself. The "article" offered by the OP lacks sufficient information as to exactly where they were giving the cheese away, and if the signs were there previously, or put up later.
These are the new USDA rules, not constitutional law. Just because the USDA just came up with them does not make them constitutional.
I'm not sure how you could argue that they are not constitutional.
It's quite the opposite. These rules ensure that this government program will be administered in a way that complies with the Constitution. The rules protect the constitutional rights of those seeking to access the government program.
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