Earlier this month AU, along with over 20 other organizations, submitted comments opposing proposed regulations issued by the Departments of Housing and Urban Development (HUD) and Commerce.

The regulations proposed by the Department of Commerce would remove current restrictions that bar the federal government from releasing federally funded property to private organizations if it will, at any point, be used for inherently religious activities. Our comments urged the Commerce Department to reject the proposed rule. The comments focused on the fact that the current restrictions on using federally funded property for religious purposes are mandated by Supreme Court precedent (both Tilton and Nyquist). And, we expressed our disappointment that the current Administration would propose abolishing constitutional protections that even the Bush Administration deemed necessary. In addition, we objected to the proposed rule because it conflicts with the process and "fundamental principles" established by Obama’s Executive Order 13,559. In particular, the proposed rule would ignore the mandate to “promote uniformity in agencies’ policies that have implications for faith-based and other neighborhoods organizations and in related guidance.”

The proposed HUD regulations are plagued by a number of similar problems. They would apply Bush-era faith-based rules (which have since been rejected by an Executive Order issued by President Obama as well as the Advisory Council on Faith-based and Neighborhood Partnerships) to a newly created homeless emergency assistance program. Again, the proposed rule breaks with both the reform structure established by the President, and is simply bad policy.

We sincerely hope both agencies maintain respect for the Constitution and reject both proposed rules. You can read our comments to HUD here and to Commerce here.