Fox promotes falsehood that provision in recovery bill would prohibit any religious activity in facilities receiving money
SUMMARY: On its website and on Your World, Fox News has promoted the misrepresentation of a provision in the economic recovery bill to make false claims about restrictions on spending in the bill for religious activities in schools. In fact, the provision is nearly identical to provisions included in numerous other federal bills.
In articles on its website and on the February 5 broadcast of Your World, Fox News has promoted the misrepresentation of a provision in the American Recovery and Reinvestment Act of 2009 to make false claims about restrictions on spending in the bill for religious activities in schools. In fact, the provision is nearly identical to provisions included in numerous other bills passed by Congress, including those passed when the Republicans were in the majority.
A February 5 FoxNews.com article by reporter Cristina Corbin claimed the bill would "prohibit[] renovation money for schools that allow religious groups to meet on campus." In fact, the section in question, Section 9302, provides funding to "higher education facilities that are primarily used for instruction, research, or student housing." Neither that section nor the bill as a whole contains a provision that would ban money from going to "schools that allow religious groups to meet on campus" -- a prohibition that, if it were actually part of the bill -- would essentially bar all U.S. schools from receiving renovation money.
In a separate February 4 article headlined, "Conservative Groups Declare Obama's Stimulus Bill a War on Prayer," Corbin claimed that "[t]he provision bans money designated for school renovation from being spent on facilities that allow 'religious worship.' " Further, on the February 5 edition of Your World, host Neil Cavuto allowed Sen. Jim DeMint (R-SC) to falsely claim that the bill "would prohibit any religious activity in any college or university facility that uses any of these funds for modernization or renovation." Cavuto also allowed DeMint to falsely claim that "if they [colleges or universities] use these funds to be modernized or renovated, then there can be no prayers, religious activities, no teaching of religious history. So, it discriminates against anyone of faith and would affect the things that are going on now. Just normal meetings by religious groups can no longer be held in a student center, which the Supreme Court has given them that right. But if these funds are used on that student center for renovation, it can't be used." Cavuto subsequently commented: "That doesn't even sound legal."
In fact, Section 9302 prohibits the use of funds for "modernization, renovation, or repair of facilities ... used for sectarian instruction, religious worship, or a school or department of divinity ... or in which a substantial portion of the functions of the facilities are subsumed in a religious mission. [emphasis added]." Thus, it does not prohibit money being spent on facilities that "allow 'religious worship' " in Corbin's words.
Moreover, the inclusion of such language in bills is not new or controversial as Salon.com's Alex Koppelman reported. For instance, a section of the Older Americans Act Amendments of 2006 -- enacted while George W. Bush was president, Republicans controlled both houses of Congress, and sponsored by Republican Rep. Patrick Tiberi (OH) -- authorized a grant for "an older American community service employment program," but excluded "projects involving the construction, operation, or maintenance of any facility used or to be used as a place for sectarian religious instruction or worship."
From the American Recovery and Reinvestment Act of 2009 (H.R. 1, as passed by the House):
SEC. 9302. HIGHER EDUCATION MODERNIZATION, RENOVATION, AND REPAIR.
(a) Purpose- Grants awarded under this section shall be for the purpose of modernizing, renovating, and repairing institution of higher education facilities that are primarily used for instruction, research, or student housing.
[...]
(d) Use of Subgrants by Institutions of Higher Education-
(1) PERMISSIBLE USES OF FUNDS- An institution of higher education receiving a subgrant under this section shall use such subgrant to modernize, renovate, or repair facilities of the institution that are primarily used for instruction, research, or student housing, which may include any of the following:
(A) Repair, replacement, or installation of roofs, electrical wiring, plumbing systems, sewage systems, or lighting systems.
(B) Repair, replacement, or installation of heating, ventilation, or air conditioning systems (including insulation).
(C) Compliance with fire and safety codes, including --
(i) professional installation of fire or life safety alarms; and
(ii) modernizations, renovations, and repairs that ensure that the institution's facilities are prepared for emergencies, such as improving building infrastructure to accommodate security measures.
(D) Retrofitting necessary to increase the energy efficiency of the institution's facilities.
(E) Renovations to the institution's facilities necessary to comply with accessibility requirements in the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).
(F) Abatement or removal of asbestos from the institution's facilities.
(G) Modernization, renovation, and repair relating to improving science and engineering laboratories, libraries, and instructional facilities.
(H) Upgrading or installation of educational technology infrastructure.
(I) Installation or upgrading of renewable energy generation and heating systems, including solar, photovoltaic, wind, biomass (including wood pellet), or geothermal systems, or components of such systems.
(J) Other modernization, renovation, or repair projects that are primarily for instruction, research, or student housing.
[...]
(3) PROHIBITED USES OF FUNDS- No funds awarded under this section may be used for --
(A) the maintenance of systems, equipment, or facilities, including maintenance associated with any permissible uses of funds described in paragraph (1);
(B) modernization, renovation, or repair of stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public;
(C) modernization, renovation, or repair of facilities --
(i) used for sectarian instruction, religious worship, or a school or department of divinity; or
(ii) in which a substantial portion of the functions of the facilities are subsumed in a religious mission; or
(D) construction of new facilities.
From the February 5 edition of Fox News' Your World with Neil Cavuto:
CAVUTO: Well, a Senate vote on the stimulus bill could come down tonight; both sides fighting over the spending and the tax cuts. Now there seems to be a battle over something else: religion.
My next guest says that the bill is an attack on people of faith. He's trying to fix that. The man who has really become like a rock star in this whole process, Jim DeMint, Republican senator from South Carolina. Senator, good to see you.
DeMINT: Neil, I don't feel like a rock star. I feel like I have been hit by a rock.
CAVUTO: I bet, I bet. It goes back and forth here. But what's this religion thing about?
DeMINT: Well, this morning, I went to the National Prayer Breakfast. Barack Obama spoke about the importance of faith. Tony Blair spoke about the importance of faith. It was a great experience -- over 3,000 people from all over the world.
Then, I get back here, and we're working on this so-called stimulus bill that would prohibit any religious activity in any college or university facility that uses any of these funds for modernization or renovation.
It is just a phrase that I think the ACLU had stuck in this bill -- because they are the real proponents of keeping it in there -- that would really take advantage of religious freedom, Bible studies, Fellowship of Christian Athletes, whether it is on a student center, a dorm, an auditorium where prayers might be offered. The Supreme --
CAVUTO: So what does it stop? It doesn't allow these areas to be upgraded, renovated, expanded? Am I getting that right, or what?
DeMINT: No. If they are -- if they use these funds to be modernized or renovated, then there can be no prayers, religious activities, no teaching of religious history. So, it discriminates against anyone of faith and would affect the things that are going on now. Just normal meetings by religious groups can no longer be held in a student center, which the Supreme Court has given them that right.
But if these funds are used on that student center for renovation, it can't be used. I mean --
CAVUTO: That doesn't even sound legal.
DeMINT: -- this doesn't have any place in the stim --
CAVUTO: But -- but that doesn't even sound legal.
DeMINT: No, I don't think it is constitutional. It's not. I don't think it is constitutional. The -- the ACLU is arguing that it is, and they're encouraging all their Democrat friends to vote against my amendment.
But I have an amendment to strip it out. It has nothing to do with jobs; it has nothing to do with our economy. It is just an effort to slip one more thing in with a political agenda, and we are finding these things spread throughout this bill.
CAVUTO: All right, because this one has, like you say, nothing to with costs at all. It seems like a concerted effort to focus on religion.
So, obviously, it -- it was one of these sneaky things they're trying to add in there. What is the prospect of it being sneakily taken out of there, then?
DeMINT: Well, it won't be sneakily taken out, because I am going to have an amendment on the floor, and I'm going to force a vote, so people around the country can see who is really behind this.
The only opposition to my bill so far that I have seen is from -- from the ACLU. But this kind of thing would create an opening for so many lawsuits against colleges and universities, and that is the business that the ACLU is in.
CAVUTO: Senator, all right, crazy stuff. I know a lot of amendments are coming fast and furious. Good seeing you.
DeMINT: Well -- well, thank you for helping us keep this process honest.
CAVUTO: Man, oh, man. All right, thank you, sir.
From Corbin's February 4 FoxNews.com article, "Conservative Groups Declare Obama's Stimulus Bill a War on Prayer":
Democrats in Congress have declared war on prayer, say conservative groups who object to a provision in the stimulus bill that was passed by the House of Representatives last week.
The provision bans money designated for school renovation from being spent on facilities that allow "religious worship." It has ignited a fury among critics who say it violates the First Amendment and is an attempt to prevent religious practice in schools.
According to the bill, which the Democratic-controlled House passed despite unanimous Republican opposition, funds are prohibited from being used for the "modernization, renovation, or repair" of facilities that allow "sectarian instruction, religious worship or a school or department of divinity."
Critics say that could include public schools that permit religious groups to meet on campus. The House provided $20 billion for the infrastructure improvements, of which $6 billion would go to higher education facilities where the limitations would be applied.
[...]
Civil liberty groups like the Americans United for Separation of Church and State vehemently defend the stimulus bill's provision, arguing that it in no way violates the Constitution.
"This provision upholds constitutional standards established by the U.S. Supreme Court and in no way affects student groups that meet on public school campuses," said the Barry W. Lynn, executive director of Americans United for Separation of Church and State.
The American Civil Liberties Union also defends the constitutionality of the restriction, which they say has been the law since 1972.
From Corbin's February 5 FoxNews.com article, headlined "Republican Senator Proposes Amendment to Overturn Ban on Cash for Schools Hosting Faith Forums":
Republican Sen. Jim DeMint proposed an amendment Thursday to kill a provision in the Senate stimulus bill that prohibits renovation money for schools that allow religious groups to meet on campus.
DeMint proposed the amendment after the provision was passed in the Democratic-controlled House despite unanimous Republican opposition. The amendment is expected to be voted on Thursday, an aide to the senator told FOXNews.com.
DeMint and others who object to the provision say Democrats in Congress have declared war against prayer in the stimulus bill, which currently prohibits funds from being used for the "modernization, renovation, or repair" of facilities that allow "sectarian instruction, religious worship or a school or department of divinity."
[...]
But civil liberty groups like the ACLU defend the stimulus bill's provision, arguing that it in no way violates the Constitution.
"It's almost a restatement of what the Constitution requires so there's nothing novel in what the House did in its restriction," said Christopher Anders, senior legislative counsel to the ACLU. "For 37 years, the law of the land is that the government can't pay for buildings that are used for religious purposes."
And according to some constitutional law experts, any complaint filed against the provision will gain little ground in court.
Here we go. Now the bill is a war against religion. I was wondering how long it would take them to trot something like this out.
I'm surprised it didn't come when they were all giggly over the "contraceptives" bit in the package.
It did -- this is not new-- they started this angle two weeks ago. And it's what happens after 30 years of slack-brained reporting, that these kind of phony issues get currency-- because it's not just FOX. It's everyone.
It seems to me that there is no way out... except finding a cave somewhere. We're dealing with maniacs, not just liars.
I missed the finale of the War on Christmas. Who won? Or is there a peace treaty until November?
The Repubums are coming unglued. The Monday night press conference will put Obama in charge. Hey, the Cons have used the airwaves to get out their message. This President is going to teach them a lesson in communication. Let the game begin.
Peace treaty will end on Labor Day weekend, when the first Christmas displays are erected in retail stores in an effort to get people to stimulate the economy.
You mean we can't even enjoy Labor Day now? You mean instead of banjos, barbecue, and babes we now have to start putting presents by the tree?
I thought they would at least give the people until the official start of fall...
Well, normally they would wait until after Halloween, but this year the economy can't wait for the calendar.
Continuing our posts from the other day - as noted when MMFA is on solid ground they quote the law line and verse. However, when MMFA is playing the hype game or parsing facts to provide a misleading conclusion they fail to provide the detail.
I guess MMFA does not like when others play their game..
It looks like you've just completely given up on trying to appear rational, worldlyguy. Maybe it's time to get in your magic hot air balloon drawn by unicorns and tell some more stories.
Or you could just stick to throwing vaguely pseudointellectual cherry bombs if it feels safer to you.
Unfortunately, I've already seen first hand what ignorant christian preachers do with this type of misinformation. Last round was the chinese will call the debt in and when we can't pay they will force our government to switch to communism and ban religion. Republicans really know their base.
Truer words were never spoken!
Texas evangelicals funded effort to kill Palin 'troopergate' probe
they have already infected the young and have them believing that the democrats are socialists. If my son is any example, one would think Hannity/Limbaugh are both presidents of this nation.
DeMint is gunning for the leadership of the Reconstituted Obstructionist/Right Wing Conservatives only GOP, and it's nomination for President in 2012. Right now he's battling Newt Gingrich and John Cornyn, but my money is on Pence to emerge as Designated Sure Loser in the next election.
Yep, we are infringing on their right to spew religious dogma in a publicly funded structure. Meanwhile, every church in the USA is tax free, therefore also publicly funded. Refraining from taxing an establishment is a de facto public funding. Perhaps these zealots should shut up before the rule is extended to the places INTENDED for the exercise of their superstitious nonsense. Sounds like a good idea to me.
Religion: keep the world in the Dark Ages for the entirety of history.
Randy
May be a bit wrong on this one, Randy, but I believe the Founding Fathers set up the tax free status of Churches as they were the primary source of Charity in the early days and throughout the history of this country up to the time of the Great Depression. There are Churches out there still doing good in the community and around the world and there are others that are nothing much above a tax dodge. How do we differentiate?
Good question. Perhaps we complicate the tax codes a bit and just tax the political parts of their agendas. And think of the jobs we create by adding more investigators to the IRS! ;)
But seriously, make them account for all their money and any part deemed political in nature should be taxed.
Agree on the political part for the most part. Who will be the "decider" as to what is political and what is social, as an example?
The downside, we don't need no more "revenuers" (the grouch showning through).
it would be the IRS. Why make a whole new department just to review church returns? They may not be perfect, but at least they already know what to look for.
And take people off the unemployment rolls. Who, though, would decide whether (to use an example) being for or against assisted suicide (Death with Dignity, thy called in WA state this past cycle is a political or a social stand? Does the ban against an organized Church speaking out extend to the members of said group? Could be a can of worms (or another million words added to the tax code).
the catholic church in England was taxing, errrr taking money, from their parishioners according to their needs and wants and without representation. Got to the poing it went from somewhat reasonable to a land grab. And you had to buy salvation. Our first thirteen governors were considered cmiminals over there Ideally churches have no place in our secular government for all men are created equal, and thanks to JuliaJayne, women are created equaler..
There have been a lot of "misdeeds" done throughout history in the name of religion, However, there are still groups among us that strive to do good throughout the nation and the world (and for the most part, they are not standing on the street corners bragging). The problem as noted above is being able to differentiate between the political and social in what some of these groups do.
I agree, there are a lot of religious groups out there doing great things, and as with lots of things, we normally only hear about the whackos, and honestly, I think the religious groups doing good acts, and good deeds, don't care about publicity, and don't care of nobody knows what they're doing, because they are good Christians, Muslims, and other religions, they're about following their religion and doing good acts. I was always taught that you shouldn't expect recognition for good acts, but that God would always know, and hence why you should do them.
Now I just do them, because I think they're the right thing to do.
Very well said, Fantagor! The Dark Ages exactly. It is difficult to reconcile the facts about religion and learning during that period. The monastic orders were almost the only organizations that kept alive what learning there was at the time. The monks copied books and instituted schools that spread literacy throughout the known world. Of course, any person with the gall to have an independent idea was often burned at the stake. They also burned entire libraries that were seen as "pagan". The history of Central American culture was almost completely wiped out by christian fanatics. We are still giving them the power to dictate policy. We are already entering into another Dark Age with creationism and re-writing the history of the planet. If we don't stop them now we will be responsible for generations of people as ignorant as those in the tenth century.
It does not matter what President Obama says or does....these idiots will twist it around to try to cause some contraversy! Why do we have this kind of reporting on our Airways???
because of the owners agenda. Cable tv does not have to conform to equal time policies.