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The government cannot force faith-based charitable organizations that receive federal funding to "secularize" their hiring practices.

So ruled U.S. District Judge Sidney Stein Sept. 30 in New York City in dismissing key parts of a lawsuit filed against the Salvation Army and New York officials last year.

"Nothing in the Constitution precludes Congress from accommodating the Salvation Army's residual free exercise interest in selecting and managing its employees with reference to religion," Judge Stein wrote.

The suit was filed by current and former members of the Army-an evangelical church-who claimed they were victims of religious discrimination.

The ruling further defines a U.S. Supreme Court opinion in favor of the Bush administration's Faith-Based Initiative. The high court affirmed the right of the government to contract with religious organizations to provide social services.

Liberal activists have strongly protested the initiative from the beginning on grounds it violates the Constitution's Establishment Clause. They are now trying to show that government money, whether directly or indirectly, is being used to subsidize religious purposes of faith-based nonprofits-contrary to law. To receive government grants, religious groups must agree not to use the money to further religious beliefs. Monitors have found most groups, including the Salvation Army, in compliance so far.

Of peace or purity

A theological task force assigned to find ways to promote "peace, unity, and purity" in the strife-riven 2.4-million-member Presbyterian Church (U.S.A.) missed the mark.

A central issue in the controversy is the PCUSA's constitutional standard for pastors: "fidelity in marriage" and "chastity in singleness." Gay activists and their allies in the church have fought for years to remove the standard. The task force's final report recommends that the denomination's general assembly next June not change the standard. But it also suggested a change that would, in effect, allow local option. It would permit the ordination of practicing homosexuals if the ordaining bodies don't regard their behavior as a violation of "essential" requirements.

Gays and their allies denounced the proposal and demanded full and equal treatment for all pastors. At least six presbyteries (regional units) want the upcoming assembly to scrap the fidelity/chastity requirement altogether. In defiance, several recently approved open gays as pastors. And this month, the Presbyterian Coalition of nine conservative PCUSA renewal groups also rejected the task force report. They said it promotes unrest, disunity, and immorality.

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