Testimony of the Orthodox Union
In Support of HB 1471: Relating to Religious Liberty
The Legislature | House of Representatives | Judiciary Committee; Civil Justice Subcommittee
Tallahassee, FL | March 29, 2011
Mr. Chairman, Members of the Committee:
The Jewish historical experience is replete with occurrences, time and again, of legally sanctioned discrimination and persecution. We are now almost midway between two Jewish holidays, Purim & Passover, which while commemorating separate events, some 2,000 years apart share a common theme: the majority sought to persecute their nation’s Jewish minority. For this reason, the Orthodox Union (Union of Orthodox Jewish Congregations of America), the nation’s largest Orthodox Jewish umbrella group, representing more synagogues in Florida than any other, respectfully submits this testimony in support of HB 1471 (and its companion bill in the upper chamber, SB 1218).
Don’t be fooled by anything else you hear regarding HB 1471. It is about one thing and one thing only: repealing a noxious and unnecessary provision in Florida’s constitution known as the Blaine Amendment. It is noxious because it forbids any state aid to sectarian institutions, even for neutral or wholly secular purposes. And it is unnecessary because without it, every Floridian will still have protection both from state interference in religion and religious interference with the public.
HB 1471 strikes the following language: “No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution.” In its place would be language forbidding discrimination on the basis of any religious belief. That’s all. Nothing less, but also nothing more.
Opponents of this legislation will tell you that it amounts to an attack on religious liberty or to a weakening of religious freedom. Nothing could be further from the truth. This legislation would put Florida on the same level as the United States Constitution and the US Supreme Court. And it would correct state sanctioned religious discrimination that in practice affects all faiths in Florida. In Florida today, a not for profit social service agency that services people of all faiths is often ineligible for state aid if the organization is religiously affiliated, even if their services are devoid of any religion. Another agency that provides the same program, even if it operates on for profit basis, is eligible. Students who attend religiously affiliated schools in Florida do not receive the same state aid even for absolutely neutral areas. The same student, if they attend a secular school – even a private one – is eligible for all.
The list goes on: adoption agencies, homeless shelters, food pantries, immigration centers, clinics and similar nonprofits are either forbidden from accepting state funds despite their front line status in combating poverty, illness, homelessness, hunger and more or under the current constitutional language and court interpretations, could find their ability to participate in such programs challenged. HB 1471 will allow these nonprofits do their vital work on equal footing with for profit businesses and their secular counterparts.
We have always been and remain staunchly committed to a robust First Amendment in the US Constitution and its state level equivalents; in Florida’s case, Article I, Section 3. Provisions that both proscribe any establishment or favoring of religion over non-religion but that also protect religious free exercise. But we believe Blaine Amendments, and particularly Florida’s go too far. If this legislation passes, no one in Florida of any faith will be forced to a religiously affiliated program. No one in Florida will be able to proselytize using government funds. And no public dollars will advance any religious belief.
The Jewish community, having been on the wrong end of discrimination throughout history remains extraordinarily sensitive to discriminatory practices directed at anyone by anyone, especially when carried out by the state, or with its imprimatur.
HB 1471 will correct just such a historic wrong. Were it not for the presidential ambitions of a 19th Century Maine Congressman, James G. Blaine, who tried to ride a bigoted wave of anti-Catholic sentiment to the White House, this language would never have been inserted into the State’s constitution. The Blaine Amendment is unfair and unjust. It is, frankly, un-American. It is long past time all Floridians of good will stood shoulder to shoulder in removing this shameful reminder of state sanctioned bigotry.
For all these reasons, we support HB 1471 and request its immediate and favorable report.
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Howie Beigelman, Deputy Director of Public Policy
Orthodox Union
