Archive for Law

41 years of FOIA

Here’s another thing worth celebrating on July 4th: The Freedom of Information Act.

U.S. government documents used to be considered secret unless individual agencies decided to release them.

But on July 4, 1966, that presumption was inverted when the Freedom of Information Act was signed into law, declaring that in a government of, by and for the people, government records must be released to the public upon request, unless those records meet a handful of defined exemptions.

Over the last four decades, FOIA (pronounced “foy-ya”) has become one of the most important laws creating openness and transparency in government. It’s a key tool for journalists and nonprofit groups investigating the workings of the federal government.

Happy Independence Day!

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How churches have carved out special exemptions to the law

The New York Times has a lengthy piece about the growing body of regulatory exemptions and tax breaks that religious organizations have won across the country. In many cases, these special provisions give churches a competitive advantage over secular nonprofits in providing services such as child care.

In recent years, many politicians and commentators have cited what they consider a nationwide “war on religion” that exposes religious organizations to hostility and discrimination. But such organizations — from mainline Presbyterian and Methodist churches to mosques to synagogues to Hindu temples — enjoy an abundance of exemptions from regulations and taxes. And the number is multiplying rapidly.

Some of the exceptions have existed for much of the nation’s history, originally devised for Christian churches but expanded to other faiths as the nation has become more religiously diverse. But many have been granted in just the last 15 years — sometimes added to legislation, anonymously and with little attention, much as are the widely criticized “earmarks” benefiting other special interests.

An analysis by The New York Times of laws passed since 1989 shows that more than 200 special arrangements, protections or exemptions for religious groups or their adherents were tucked into Congressional legislation, covering topics ranging from pensions to immigration to land use. New breaks have also been provided by a host of pivotal court decisions at the state and federal level, and by numerous rule changes in almost every department and agency of the executive branch.

The special breaks amount to “a sort of religious affirmative action program,” said John Witte Jr., director of the Center for the Study of Law and Religion at the Emory University law school.

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On a somewhat related note, here’s how one atheist respond’s to the question “Why do atheists care about religion?” in a video on YouTube: Link.

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