A Lucky Day for a Constant Gardener

Points West by Steve Lopez LA Times 1/18/2006

A Lucky Day for a Constant Gardener

It was Dec. 23, and Ray the gardener had a fast-approaching deadline to meet in the quiet northwest corner of Inglewood. A man named Kanoa Rivera had hired Ray to pretty up his frontyard as a Christmas present for his wife.

Pansies, agapanthus, snapdragons, roses. Ray was making good progress when the clock struck noon. He handed a $20 bill to his helper and told him to get them some lunch on nearby La Brea Avenue. Moments later, two thugs approached and demanded money from Ray.

“I don’t have any money,” said the 34-year-old gardener, who had only $1 left in his pocket.

But the two men, both about 20, wouldn’t give up. When Ray told them to bug off, they jumped him.

“They started to pull me and shake me,” said Ray, a married man with three kids. In desperation, he reached for the nearest tool.

“I had the shovel in my hand when I saw the gun,” he said.

Ray lunged for the gun, then stumbled. When he stood up, he was looking straight into the muzzle from just a few feet away.

Then came the blast.

“Somebody help me!” he screamed, blood spilling from the hole in his chest. The wound was near his gold crucifix, just above his heart.

Ray felt a burning sensation along the bullet’s path, and he was dizzy from blood loss by the time the ambulance arrived. On the way to the UCLA Medical Center emergency room, he said, his biggest fear was that his predicament would ruin Christmas for his family.

This, however, was his lucky day.

“Bullets can do the most amazing things,” said Dr. Marshall Morgan, chief of the ER and one of the attending physicians, who couldn’t entirely explain the route this particular slug took.

Ray’s bullet, probably a .22, might just as easily have nicked his heart and killed him. Instead, it tore through a pectoral muscle and sliced diagonally on a shallow course, lodging somewhere in his flank. He was released about three hours later, almost good as new, with instructions to have the bullet removed at a later date.

Ray, by the way, is not the gardener’s real name. The hospital assigned it to him for security reasons, in case his attacker managed to learn his name and try to find him. I’m using it here because Inglewood police say the shooter is still on the loose.

That’s one reason his wife flipped out the next day, when Ray woke up, put on his work clothes and headed for the door.

“Where are you going?” she asked.

“Work,” he said with a shrug.

“Don’t go,” she insisted.

As a general rule, anyone who gets shot in the chest on Friday should definitely get the weekend off, she reasoned. Especially a holiday weekend.

“I need to be responsible,” he told her. “I told the man I’d finish the job before Christmas. It was a present for his wife.”

And so he drove back to the scene of the crime and unloaded his tools, only to find Kanoa Rivera wondering what he was doing.

“Finishing the job,” said Ray, who shoveled and raked for four hours, turning Rivera’s frontyard into a page from Better Homes & Gardens. Not only is a promise a promise, Ray said, but as the sole breadwinner in his family, he can’t afford to take time off, especially in the rainy season.

The Riveras were so impressed, they invited Ray and his family to come by Christmas day, when they presented him a thank-you card.

This past Saturday, after the rain washed out his Beverly Hills tree-trimming job, I met up with Ray and his wife at a McDonald’s near their small two-bedroom rental in Inglewood.

They feel blessed, they said. When the kids — 10, 9 and 8 — aren’t in school, Ray often takes one of them to work with him. But on the day of the shooting, he left them home.

“I feel very lucky for that,” he said.

When I asked why he likes to take them to work at all, he said there were two reasons. First, his landscaping jobs are always in neighborhoods safer than the one they live in. Second, he wants them to know his work is no fun, so his kids will crack the books and vow to make a better life for themselves.

In case you were wondering, Ray doesn’t have his papers, which is one reason he has no medical insurance and avoids going to the doctor. Unless he has something like, say, a bullet in his chest.

He walked across the border as a teenager in search of work and never went back, but didn’t know how to apply for amnesty when he had the chance. Now he’s hoping his wife, a legal resident, will become a citizen this year — like their three children — and bolster his chances of going legal.

He’d make a great poster boy for the “earned legalization” proposal by Sens. John McCain and Edward Kennedy, in which he’d pay fines and back taxes to buy his way out of the shadows. Roughly 11 million illegal immigrants like him contribute to an economy with a shortage of home-grown labor, and our wink-and-nod immigration policy — which benefits thousands of employers — is a mess of hypocrisy and lies.

But none of that is on Ray’s mind these days. The bullet stayed on the move, traveling to a point just under the skin near his left underarm.

“Right here,” he said, touching the slug through his shirt.

It hurts to pull a hoe or rake, so he’s thinking he better have it dug out soon, except that he’s afraid of what it’ll set him back. And as long as the sun is shining, he can’t afford to miss a minute of work.

Embargo Act of 1807

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Embargo Act of 1807

Agreeably to the notice given yesterday; Mr. SMITH, of Maryland. asked and obtained leave to bring in a bill in addition to the act, entitled “An act laying an, embargo on all ships and vessels in the ports and harbors of the United States,” and the several acts supplementary thereto, and for other purposes; and the bill was read; and ordered to the second reading. The bill is as follows:

Be it enacted, by the Senate and House of Representatives of the United States of America, in Congress assembled, That during the continuance of the, act laying an embargo on all ships and vessels in the ports and harbors of the United States, no vessels of any description whatever, and wherever bound, whose employment is confined to the navigation of bays, sounds, rivers, and lakes, within the jurisdiction of the United States, (packets, ferry-boats, and vessels, exempted from the obligation of giving any bond whatever, only excepted,) shall be allowed, to depart from any port of the United States without having previously obtained a clearance, nor until the master or commander shall have delivered to the collector or surveyor of the port of departure, a manifest of the whole cargo on board, including articles of domestic growth or manufacture, as well as foreign merchandise. And it shall also be the duty of the owners agents, or factors of every such vessel to produce within one month thereafter, to the collector of the district from which the vessel departed, a certificate of the landing of the whole of such cargo in a port of the United Staten, within the bay, sound, rivers, or lakes, to which the navigation of such vessel is confined, signed by the collector or surveyor, of the port, where the cargo shall have been landed.

Sec. 2. And be it farther enacted, That if any vessel described in the next preceding section, shall depart from a port of the United States without a clearance, ,or before the manifest of the cargo shall have been delivered to the collector or surveyor, in the manner therein prohibited, or if a certificate of the landing of the cargo shall not be produced within the time and in the manner therein provided; such vessel and cargo shall be forfeited, and the owner or owners, consignee, agent, factors, freighters, master or skipper of such vessel, shall respectively forfeit and pay a sum not exceeding thousand dollars, nor less than thousand dollars: Provided always, That nothing herein contained shall be construed to bar or prevent the recovery of the penalty on the bond given for each vessel.

Sec. 3. And be it further enacted, That (luring the continuance of the act, laying an embargo on all ships and vessels in the ports and harbors of the United States, and of the several acts supplementary thereto, it shall be the duty of the master or person having charge or command of any vessel, flat, or boat, intended to that part of the river Mississippi, which lies between the southern boundary of the Mississippi Territory, and the river Iberville, if going down the said river, to stop at Fort Adams, and if going up the river, to stop at Iberville, and at each place, as the case maybe, to deliver to an inspector of the revenue, to be stationed there for that purpose, a manifest of the whole cargo on board, and also to produce within two months thereafter to the same officer, a certificate of the landing of the same in some port of the District of Mississippi, and within the jurisdiction of the United States; which certificate shall be signed by the collector or one of the surveyors of the District of Mississippi, or if the cargo shall be landed more than thirty miles from the place of residence of any such officer, by a State Or Territorial judge, having jurisdiction, at the place of such landing.

Sec. 4. And be it further enacted, That if any vessel, flat, or boat, shall enter that part of the river Mississippi, as prescribed in the next preceding section, without stopping and delivering a manifest in the manner therein provided, or if a certificate of the landing of the cargo, shall not be produced within the time and in the manner therein provided, such vessel, flat, or boat, and cargo, shall be forfeited , and the owner or owners, consignee, agent, factors, freighters, master, or skipper, of any such vessel, flat, or boat, shall respectively forfeit and pay a sum not exceeding – dollars, nor less than – dollars.

Sec. 5. And be it further enacted, That no ship or vessel, having any cargo whatever on board, shall, during the continuance of the act laying an embargo on all ships and vessels in the ports and harbors of the United States, be allowed to depart from any port of the United States for any other port or district of the United States, adjacent to the territories, colonies, or provinces of a foreign nation: nor shall any clearance be furnished to any ship or vessel bound as aforesaid, without special permission of the President of the United States: And if any ship or vessel shall, contrary to the provisions of that act, proceed to any port or district adjacent to the territories, colonies, or provinces of a foreign nation, such ship or vessel, with her cargo, shall be wholly forfeited; and if the same shall not be seized, the owner or owners, agents, factors, and freighters of such ship or vessel, shall for every such offence forfeit and pay -and the master of such ship or vessel, as well as all other persons who shall knowingly be concerned in such prohibited voyages, shall each respectively forfeit and pay for every such offence, whether the vessel be seized or not.

Sec. 6. And be it further enacted, That the commanders of the public armed vessels, and gunboats of the United States, shall, as well as commanders or masters of the revenue cutter’s and revenue boats; be authorized, and they are hereby authorized, to stop slid examine any vessel, flat, or boat, either on the high seas or within the jurisdiction of the United States, which there. may be reason to suspect to be engaged in any traffic or commerce, or in the transportation of merchandise of either domestic or foreign growth or manufacture, contrary to the provisions of this act, or of the act laying an embargo on all ships and vessels in the ports and harbors of tile United States, or of any of the acts supplementary thereto; and if upon examination it shall appear that such vessel, flat, or boat, is thus engaged, it shall be the duty of the commander to seize every such vessel, flat, or boat, and to send the same to the nearest port of the United l States for trial.

Sec. 7. And be it further enacted, That the Comptroller of the Treasury be, and he is hereby authorized to remit the duty accruing on the importation of goods of domestic produce, or which being of foreign produce, had been exported without receiving a drawback, which may have been or may be re-imported in vessels owned by citizens of the United States, and which having sailed subsequent to the first day of October last, and prior to the twenty-second day of December last, may be or have been stopped on the high seas by foreign armed vessels, and by reason thereof have returned, or may Hereafter return into the United States, without having touched at any foreign port or place. And the said Comptroller is likewise authorized to direct the exportation bonds given for foreign merchandise exported with privilege of drawback, in such vessel, and re-exported in the same, in the manner aforesaid, to lie cancelled, the duties on such re-importation being previously paid. and on such other conditions and restrictions as may be necessary for the safety of the revenue.

Sec. 8. And be it further enacted, That during the continuance of the act laying an embargo on all ships and vessels in the ports and harbors of the United States, no foreign ship or vessel shall go from one port in the United States to another; and should any foreign ship or vessel, contrary to this section, go from one port of the United States to another the vessel with leer cargo shall be wholly forfeited, and the owner or owners, agent, factors, freighters, and master of such ship or vessel, shall forfeit and pay a sum not exceeding —– dollars, nor less than –dollars.

Land Ordinance of 1830

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In the Treaty of Paris (1783), which formally ended the American Revolution, England relinquished the Ohio Country to America. Despite this, the Confederation Congress faced numerous problems gaining control of the land. Native American tribes did not agree with America’s claim that the land belonged to the whites. Numerous states, especially Connecticut and Virginia, also claimed the land. These states, when they were still colonies of England, had received permission from the king to control all land between their colonies on the East Coast and the Pacific Ocean. The Confederation Congress faced hard financial times at the American Revolution’s conclusion. The Articles of Confederation did not allow the federal government to tax its citizens. The Confederation Congress hoped to sell the land in the Ohio Country to raise funds so that it could operate. The government also feared the large number of squatters in the Ohio Country. Some congressmen believed that these settlers might form their own country, since the Appalachian Mountains left them so isolated from the rest of the nation. The Confederation Congress immediately began to negotiate with the Indians and the states, so that the federal government could claim sole ownership of the land.While these negotiations were occurring, the Confederation Congress implemented the Ordinance of 1784. It called for the land north of the Ohio River and east of the Mississippi River to be divided into ten separate states. The Ordinance of 1784 established that the western territories would become states, but it failed to establish how the government would distribute the land or how the territory would be settled.

The Land Ordinance of 1785 dealt with these issues. As the states and Indians relinquished lands, government surveyors were to divide the territory into individual townships. Each township was to be square. Each side of the square was to be six miles in length, and the completed square would include a total of thirty-six square miles of territory. The town would then be divided into one-square mile sections, with each section encompassing 640 acres. Each section received its own number. Section sixteen was set aside for a public school. The federal government reserved sections eight, eleven, twenty-six, and twenty-nine to provide veterans of the American Revolution with land bounties for their service during the war. The government would sell the remaining sections at public auction. The minimum bid was 640 dollars per section or one dollar for every acre of land in each section.

The first portion of Ohio surveyed became known as the Seven Ranges. The northern boundary was an east to west line beginning where Pennsylvania’s western border intersected the Ohio River. Pennsylvania’s western border also served as the first north to south line. The surveyors plotted a total of eight lines, each six miles apart, in this first survey. The end result was seven north to south rows open for settlement, thus the name the Seven Ranges.

Although the government had now opened up parts of the Ohio Country for purchase settlement, the Confederation Congress continued to face many of the same difficulties that existed prior to the Ordinance of 1784 and the Land Ordinance of 1785. Indians failed to relinquish much of the land, and squatters continued to flood the area, refusing to pay the required sums for the land.

Civil Rights Act of 1964

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Civil Rights Act (1964)

In a nationally televised address on June 6, 1963, President John F. Kennedy urged the nation to take action toward guaranteeing equal treatment of every American regardless of race. Soon after, Kennedy proposed that Congress consider civil rights legislation that would address voting rights, public accommodations, school desegregation, nondiscrimination in federally assisted programs, and more.

Despite Kennedy’s assassination in November of 1963, his proposal culminated in the Civil Rights Act of 1964, signed into law by President Lyndon Johnson just a few hours after Senate approval on July 2, 1964. The act outlawed segregation in businesses such as theaters, restaurants, and hotels. It banned discriminatory practices in employment and ended segregation in public places such as swimming pools, libraries, and public schools.

Passage of the act was not easy. House opposition bottled up the bill in the House Rules Committee. In the Senate, opponents attempted to talk the bill to death in a filibuster. In early 1964, House supporters overcame the Rules Committee obstacle by threatening to send the bill to the floor without committee approval. The Senate filibuster was overcome through the floor leadership of Senator Hubert Humphrey of Minnesota, the considerable support of President Lyndon Johnson, and the efforts of Senate Minority Leader Everett Dirksen of Illinois, who convinced Republicans to support the bill.

Transcript of Civil Rights Act (1964)

An Act

To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Civil Rights Act of 1964”.

TITLE I–VOTING RIGHTS
SEC. 101. Section 2004 of the Revised Statutes (42 U.S.C. 1971), as amended by section 131 of the Civil Rights Act of 1957 (71 Stat. 637), and as further amended by section 601 of the Civil Rights Act of 1960 (74 Stat. 90), is further amended as follows:

(a) Insert “1” after “(a)” in subsection (a) and add at the end of subsection (a) the following new paragraphs:

“(2) No person acting under color of law shall–

“(A) in determining whether any individual is qualified under State law or laws to vote in any Federal election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote;

“(B) deny the right of any individual to vote in any Federal election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election; or

“(C) employ any literacy test as a qualification for voting in any Federal election unless (i) such test is administered to each individual and is conducted wholly in writing, and (ii) a certified copy of the test and of the answers given by the individual is furnished to him within twenty-five days of the submission of his request made within the period of time during which records and papers are required to be retained and preserved pursuant to title III of the Civil Rights Act of 1960 (42 U.S.C. 1974–74e; 74 Stat. 88): Provided, however, That the Attorney General may enter into agreements with appropriate State or local authorities that preparation, conduct, and maintenance of such tests in accordance with the provisions of applicable State or local law, including such special provisions as are necessary in the preparation, conduct, and maintenance of such tests for persons who are blind or otherwise physically handicapped, meet the purposes of this subparagraph and constitute compliance therewith.

“(3) For purposes of this subsection–

“(A) the term ‘vote’ shall have the same meaning as in subsection (e) of this section;

“(B) the phrase ‘literacy test’ includes any test of the ability to read, write, understand, or interpret any matter.”

(b) Insert immediately following the period at the end of the first sentence of subsection (c) the following new sentence: “If in any such proceeding literacy is a relevant fact there shall be a rebuttable presumption that any person who has not been adjudged an incompetent and who has completed the sixth grade in a public school in, or a private school accredited by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico where instruction is carried on predominantly in the English language, possesses sufficient literacy, comprehension, and intelligence to vote in any Federal election.”

(c) Add the following subsection “(f)” and designate the present subsection “(f)” as subsection “(g)”: “(f) When used in subsection (a) or (c) of this section, the words ‘Federal election’ shall mean any general, special, or primary election held solely or in part for the purpose of electing or selecting any candidate for the office of President, Vice President, presidential elector, Member of the Senate, or Member of the House of Representatives.”

(d) Add the following subsection “(h)”:

“(h) In any proceeding instituted by the United States in any district court of the United States under this section in which the Attorney General requests a finding of a pattern or practice of discrimination pursuant to subsection (e) of this section the Attorney General, at the time he files the complaint, or any defendant in the proceeding, within twenty days after service upon him of the complaint, may file with the clerk of such court a request that a court of three judges be convened to hear and determine the entire case. A copy of the request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of the copy of such request it shall be the duty of the chief justice of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited.

An appeal from the final judgment of such court will lie to the Supreme Court.

“In any proceeding brought under subsection (c) of this section to enforce subsection (b) of this section, or in the event neither the Attorney General nor any defendant files a request for a three-judge court in any proceeding authorized by this subsection, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or, in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case.

“It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited.”

TITLE II–INJUNCTIVE RELIEF AGAINST DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION
SEC. 201. (a) All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, and privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.

(b) Each of the following establishments which serves the public is a place of public accommodation within the meaning of this title if its operations affect commerce, or if discrimination or segregation by it is supported by State action:

(1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;

(2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the

premises of any retail establishment; or any gasoline station;

(3) any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and

(4) any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment.

(c) The operations of an establishment affect commerce within the meaning of this title if (1) it is one of the establishments described in paragraph (1) of subsection (b); (2) in the case of an establishment described in paragraph (2) of subsection (b), it serves or offers to serve interstate travelers or a substantial portion of the food which it serves, or gasoline or other products which it sells, has moved in commerce; (3) in the case of an establishment described in paragraph (3) of subsection (b), it customarily presents films, performances, athletic teams, exhibitions, or other sources of entertainment which move in commerce; and (4) in the case of an establishment described in paragraph (4) of subsection (b), it is physically located within the premises of, or there is physically located within its premises, an establishment the operations of which affect commerce within the meaning of this subsection. For purposes of this section, “commerce” means travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and any State, or between any foreign country or any territory or possession and any State or the District of Columbia, or between points in the same State but through any other State or the District of Columbia or a foreign country.

(d) Discrimination or segregation by an establishment is supported by State action within the meaning of this title if such discrimination or segregation (1) is carried on under color of any law, statute, ordinance, or regulation; or (2) is carried on under color of any custom or usage required or enforced by officials of the State or political subdivision thereof; or (3) is required by action of the State or political subdivision thereof.

(e) The provisions of this title shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available to the customers or patrons of an establishment within the scope of subsection (b).

SEC. 202. All persons shall be entitled to be free, at any establishment or place, from discrimination or segregation of any kind on the ground of race, color, religion, or national origin, if such discrimination or segregation is or purports to be required by any law, statute, ordinance, regulation, rule, or order of a State or any agency or political subdivision thereof.

SEC. 203. No person shall (a) withhold, deny, or attempt to withhold or deny, or deprive or attempt to deprive, any person of any right or privilege secured by section 201 or 202, or (b) intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person with the purpose of interfering with any right or privilege secured by section 201 or 202, or (c) punish or attempt to punish any person for exercising or attempting to exercise any right or privilege secured by section 201 or 202.

SEC. 204. (a) Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 203, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved and, upon timely application, the court may, in its discretion, permit the Attorney General to intervene in such civil action if he certifies that the case is of general public importance. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the civil action without the payment of fees, costs, or security.

(b) In any action commenced pursuant to this title, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs, and the United States shall be liable for costs the same as a private person.

(c) In the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has a State or local law prohibiting such act or practice and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no civil action may be brought under subsection (a) before the expiration of thirty days after written notice of such alleged act or practice has been given to the appropriate State or local authority by registered mail or in person, provided that the court may stay proceedings in such civil action pending the termination of State or local enforcement proceedings.

(d) In the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be brought under subsection (a): Provided, That the court may refer the matter to the Community Relations Service established by title X of this Act for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty-day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary compliance.

SEC. 205. The Service is authorized to make a full investigation of any complaint referred to it by the court under section 204(d) and may hold such hearings with respect thereto as may be necessary. The Service shall conduct any hearings with respect to any such complaint in executive session, and shall not release any testimony given therein except by agreement of all parties involved in the complaint with the permission of the court, and the Service shall endeavor to bring about a voluntary settlement between the parties.

SEC. 206. (a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such preventive relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.

(b) In any such proceeding the Attorney General may file with the clerk of such court a request that a court of three judges be convened to hear and determine the case. Such request by the Attorney General shall be accompanied by a certificate that, in his opinion, the case is of general public importance. A copy of the certificate and request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of the copy of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. An appeal from the final judgment of such court will lie to the Supreme Court.

In the event the Attorney General fails to file such a request in any such proceeding, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case.

It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited.

SEC. 207. (a) The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this title and shall exercise the same without regard to whether the aggrieved party shall have exhausted any administrative or other remedies that may be provided by law.

(b) The remedies provided in this title shall be the exclusive means of enforcing the rights based on this title, but nothing in this title shall preclude any individual or any State or local agency from asserting any right based on any other Federal or State law not inconsistent with this title, including any statute or ordinance requiring nondiscrimination in public establishments or accommodations, or from pursuing any remedy, civil or criminal, which may be available for the vindication or enforcement of such right.

TITLE III–DESEGREGATION OF PUBLIC FACILITIES
SEC. 301. (a) Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in section 401 of title IV hereof, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly progress of desegregation in public facilities, the Attorney General is authorized to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section. The Attorney General may implead as defendants such additional parties as are or become necessary to the grant of effective relief hereunder.

(b) The Attorney General may deem a person or persons unable to initiate and maintain appropriate legal proceedings within the meaning of subsection

(a) of this section when such person or persons are unable, either directly or through other interested persons or organizations, to bear the expense of the litigation or to obtain effective legal representation; or whenever he is satisfied that the institution of such litigation would jeopardize the personal safety, employment, or economic standing of such person or persons, their families, or their property.

SEC. 302. In any action or proceeding under this title the United States shall be liable for costs, including a reasonable attorney’s fee, the same as a private person.

SEC. 303. Nothing in this title shall affect adversely the right of any person to sue for or obtain relief in any court against discrimination in any facility covered by this title.

SEC. 304. A complaint as used in this title is a writing or document within the meaning of section 1001, title 18, United States Code.

TITLE IV–DESEGREGATION OF PUBLIC EDUCATION
DEFINITIONS
SEC. 401. As used in this title–

(a) “Commissioner” means the Commissioner of Education.

(b) “Desegregation” means the assignment of students to public schools and within such schools without regard to their race, color, religion, or national origin, but “desegregation” shall not mean the assignment of students to public schools in order to overcome racial imbalance.

(c) “Public school” means any elementary or secondary educational institution, and “public college” means any institution of higher education or any technical or vocational school above the secondary school level, provided that such public school or public college is operated by a State, subdivision of a State, or governmental agency within a State, or operated wholly or predominantly from or through the use of governmental funds or property, or funds or property derived from a governmental source.

(d) “School board” means any agency or agencies which administer a system of one or more public schools and any other agency which is responsible for the assignment of students to or within such system.

SURVEY AND REPORT OF EDUCATIONAL OPPORTUNITIES

SEC. 402. The Commissioner shall conduct a survey and make a report to the President and the Congress, within two years of the enactment of this title, concerning the lack of availability of equal educational opportunities for individuals by reason of race, color, religion, or national origin in public educational institutions at all levels in the United States, its territories and possessions, and the District of Columbia.

TECHNICAL ASSISTANCE

SEC. 403. The Commissioner is authorized, upon the application of any school board, State, municipality, school district, or other governmental unit legally responsible for operating a public school or schools, to render technical assistance to such applicant in the preparation, adoption, and implementation of plans for the desegregation of public schools. Such technical assistance may, among other activities, include making available to such agencies information regarding effective methods of coping with special educational problems occasioned by desegregation, and making available to such agencies personnel of the Office of Education or other persons specially equipped to advise and assist them in coping with such problems.

TRAINING INSTITUTES

SEC. 404. The Commissioner is authorized to arrange, through grants or contracts, with institutions of higher education for the operation of short-term or regular session institutes for special training designed to improve the ability of teachers, supervisors, counselors, and other elementary or secondary school personnel to deal effectively with special educational problems occasioned by desegregation. Individuals who attend such an institute on a full-time basis may be paid stipends for the period of their attendance at such institute in amounts specified by the Commissioner in regulations, including allowances for travel to attend such institute.

GRANTS
SEC. 405. (a) The Commissioner is authorized, upon application of a school board, to make grants to such board to pay, in whole or in part, the cost of–

(1) giving to teachers and other school personnel inservice training in dealing with problems incident to desegregation, and

(2) employing specialists to advise in problems incident to desegregation.

(b) In determining whether to make a grant, and in fixing the amount thereof and the terms and conditions on which it will be made, the Commissioner shall take into consideration the amount available for grants under this section and the other applications which are pending before him; the financial condition of the applicant and the other resources available to it; the nature, extent, and gravity of its problems incident to desegregation; and such other factors as he finds relevant.

PAYMENTS
SEC. 406. Payments pursuant to a grant or contract under this title may be made (after necessary adjustments on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments, as the Commissioner may determine.

SUITS BY THE ATTORNEY GENERAL
SEC. 407. (a) Whenever the Attorney General receives a complaint in writing–

(1) signed by a parent or group of parents to the effect that his or their minor children, as members of a class of persons similarly situated, are being deprived by a school board of the equal protection of the laws, or

(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards. The Attorney General may implead as defendants such additional parties as are or become necessary to the grant of effective relief hereunder.

(b) The Attorney General may deem a person or persons unable to initiate and maintain appropriate legal proceedings within the meaning of subsection

(c) The term “parent” as used in this section includes any person standing in loco parentis. A “complaint” as used in this section is a writing or document within the meaning of section 1001, title 18, United States Code.

SEC. 408. In any action or proceeding under this title the United States shall be liable for costs the same as a private person.

SEC. 409. Nothing in this title shall affect adversely the right of any person to sue for or obtain relief in any court against discrimination in public education.

SEC. 410. Nothing in this title shall prohibit classification and assignment for reasons other than race, color, religion, or national origin.

TITLE V–COMMISSION ON CIVIL RIGHTS
SEC. 501. Section 102 of the Civil Rights Act of 1957 (42 U.S.C. 1975a; 71

Stat. 634) is amended to read as follows:

“RULES OF PROCEDURE OF THE COMMISSION HEARINGS
“SEC. 102. (a) At least thirty days prior to the commencement of any hearing, the Commission shall cause to be published in the Federal Register notice of the date on which such hearing is to commence, the place at which it is to be held and the subject of the hearing. The Chairman, or one designated by him to act as Chairman at a hearing of the Commission, shall announce in an opening statement the subject of the hearing.

“(b) A copy of the Commission’s rules shall be made available to any witness before the Commission, and a witness compelled to appear before the Commission or required to produce written or other matter shall be served with a copy of the Commission’s rules at the time of service of the subpoena.

“(c) Any person compelled to appear in person before the Commission shall be accorded the right to be accompanied and advised by counsel, who shall have the right to subject his client to reasonable examination, and to make objections on the record and to argue briefly the basis for such objections. The Commission shall proceed with reasonable dispatch to conclude any hearing in which it is engaged. Due regard shall be had for the convenience and necessity of witnesses.

“(d) The Chairman or Acting Chairman may punish breaches of order and decorum by censure and exclusion from the hearings.

“(e) If the Commission determines that evidence or testimony at any hearing may tend to defame, degrade, or incriminate any person, it shall receive such evidence or testimony or summary of such evidence o testimony in executive session. The Commission shall afford any person defamed, degraded, or incriminated by such evidence or testimony an opportunity to appear and be heard in executive session, with a reasonable number of additional witnesses requested by him, before deciding to use such evidence or testimony. In the event the Commission determines to release or use such evidence or testimony in such manner as to reveal publicly the identity of the person defamed, degraded, or incriminated, such evidence or testimony, prior to such public release or use, shall be given at a public session, and the Commission shall afford such person an opportunity to appear as a voluntary witness or to file a sworn statement in his behalf and to submit brief and pertinent sworn statements of others. The Commission shall receive and dispose of requests from such person to subpoena additional witnesses.

“(f) Except as provided in sections 102 and 105 (f) of this Act, the Chairman shall receive and the Commission shall dispose of requests to subpoena additional witnesses.

“(g) No evidence or testimony or summary of evidence or testimony taken in executive session may be released or used in public sessions without the consent of the Commission. Whoever releases or uses in public without the consent of the Commission such evidence or testimony taken in executive session shall be fined not more than $1,000, or imprisoned for not more than one year.

“(h) In the discretion of the Commission, witnesses may submit brief and pertinent sworn statements in writing for inclusion in the record. The Commission shall determine the pertinency of testimony and evidence adduced at its hearings.

“(i) Every person who submits data or evidence shall be entitled to retain or, on payment of lawfully prescribed costs, procure a copy or transcript thereof, except that a witness in a hearing held in executive session may for good cause be limited to inspection of the official transcript of his testimony. Transcript copies of public sessions may be obtained by the public upon the payment of the cost thereof. An accurate transcript shall be made of the testimony of all witnesses at all hearings, either public or executive sessions, of the Commission or of any subcommittee thereof.

“(j) A witness attending any session of the Commission shall receive $6 for each day’s attendance and for the time necessarily occupied in going to and returning from the same, and 10 cents per mile for going from and returning to his place of residence. Witnesses who attend at points so far removed from their respective residences as to prohibit return thereto from day to day shall be entitled to an additional allowance of $10 per day for expenses of subsistence including the time necessarily occupied in going to and returning from the place of attendance. Mileage payments shall be tendered to the witness upon service of a subpoena issued on behalf of the Commission or any subcommittee thereof.

“(k) The Commission shall not issue any subpoena for the attendance and testimony of witnesses or for the production of written or other matter which would require the presence of the party subpoenaed at a hearing to be held outside of the State wherein the witness is found or resides or is domiciled or transacts business, or has appointed an agent for receipt of service of process except that, in any event, the Commission may issue subpoenas for the attendance and testimony of witnesses and the production of written or other matter at a hearing held within fifty miles of the place where the witness is found or resides or is domiciled or transacts business or has appointed an agent for receipt of service of process.

“(l) The Commission shall separately state and currently publish in the Federal Register (1) descriptions of its central and field organization including the established places at which, and methods whereby, the public may secure information or make requests; (2) statements of the general course and method by which its functions are channeled and determined, and (3) rules adopted as authorized by law. No person shall in any manner be subject to or required to resort to rules, organization, or procedure not so published.”

SEC. 502. Section 103(a) of the Civil Rights Act of 1957 (42 U.S.C.

1975b(a); 71 Stat. 634) is amended to read as follows:

“SEC. 103. (a) Each member of the Commission who is not otherwise in the service of the Government of the United States shall receive the sum of $75 per day for each day spent in the work of the Commission, shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from his usual place of residence, in accordance with section 5 of the Administrative Expenses Act of 1946, as amended (5 U.S.C 73b-2; 60 Stat. 808).”

SEC. 503. Section 103(b) of the Civil Rights Act of 1957 (42 U.S.C.

1975(b); 71 Stat. 634) is amended to read as follows:

“(b) Each member of the Commission who is otherwise in the service of the Government of the United States shall serve without compensation in addition to that received for such other service, but while engaged in the work of the Commission shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from his usual place of residence, in accordance with the provisions of the Travel Expenses Act of 1949, as amended

(5 U.S.C. 835–42; 63 Stat. 166).”

SEC. 504. (a) Section 104(a) of the Civil Rights Act of 1957 (42 U.S.C. 1975c(a); 71 Stat. 635), as amended, is further amended to read as follows:

“DUTIES OF THE COMMISSION
“SEC. 104. (a) The Commission shall–

“(1) investigate allegations in writing under oath or affirmation that certain citizens of the United States are being deprived of their right to vote and have that vote counted by reason of their color, race, religion, or national origin; which writing, under oath or affirmation, shall set forth the facts upon which such belief or beliefs are based;

“(2) study and collect information concerning legal developments constituting a denial of equal protection of the laws under the Constitution because of race, color, religion or national origin or in the administration of justice;

“(3) appraise the laws and policies of the Federal Government with respect to denials of equal protection of the laws under the Constitution because of race, color, religion or national origin or in the administration of justice;

“(4) serve as a national clearinghouse for information in respect to denials of equal protection of the laws because of race, color, religion or national origin, including but not limited to the fields of voting, education, housing, employment, the use of public facilities, and transportation, or in the administration of justice;

“(5) investigate allegations, made in writing and under oath or affirmation, that citizens of the United States are unlawfully being accorded or denied the right to vote, or to have their votes properly counted, in any election of presidential electors, Members of the United States Senate, or of the House of Representatives, as a result of any patterns or practice of fraud or discrimination in the conduct of such election; and

“(6) Nothing in this or any other Act shall be construed as authorizing the Commission, its Advisory Committees, or any person under its supervision or control to inquire into or investigate any membership practices or internal operations of any fraternal organization, any college or university fraternity or sorority, any private club or any religious organization.”

(b) Section 104(b) of the Civil Rights Act of 1957 (42 U.S.C. 1975c(b); 71 Stat. 635), as amended, is further amended by striking out the present subsection “(b)” and by substituting therefor:

“(b) The Commission shall submit interim reports to the President and to the Congress at such times as the Commission, the Congress or the President shall deem desirable, and shall submit to the President and to the Congress a final report of its activities, findings, and recommendations not later than January 31, 1968.”

SEC. 505. Section 105(a) of the Civil Rights Act of 1957 (42 U.S.C. 1975d(a); 71 Stat. 636) is amended by striking out in the last sentence thereof “$50 per diem” and inserting in lieu thereof “$75 per diem.”

SEC. 506. Section 105(f) and section 105(g) of the Civil Rights Act of 1957 (42 U.S.C. 1975d (f) and (g); 71 Stat. 636) are amended to read as follows:

“(f) The Commission, or on the authorization of the Commission any subcommittee of two or more members, at least one of whom shall be of each major political party, may, for the purpose of carrying out the provisions of this Act, hold such hearings and act at such times and places as the Commission or such authorized subcommittee may deem advisable. Subpoenas for the attendance and testimony of witnesses or the production of written or other matter may be issued in accordance with the rules of the Commission as contained in section 102 (j) and (k) of this Act, over the signature of the Chairman of the Commission or of such subcommittee, and may be served by any person designated by such Chairman. The holding of hearings by the Commission, or the appointment of a subcommittee to hold hearings pursuant to this subparagraph, must be approved by a majority of the Commission, or by a majority of the members present at a meeting at which at least a quorum of four members is present.

“(g) In case of contumacy or refusal to obey a subpoena, any district court of the United States or the United States court of any territory or possession, or the District Court of the United States for the District of Columbia, within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or is domiciled or transacts business, or has appointed an agent for receipt of service of process, upon application by the Attorney General of the United States shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission or a subcommittee thereof, there to produce pertinent, relevant and nonprivileged evidence if so ordered, or there to give testimony touching the matter under investigation; and any failure to obey such order of the court may be punished by said court as a contempt thereof.”

SEC. 507. Section 105 of the Civil Rights Act of 1957 (42 U.S.C. 1975d; 71 Stat. 636), as amended by section 401 of the Civil Rights Act of 1960 (42 U.S.C. 1975d(h); 74 Stat. 89), is further amended by adding a new subsection at the end to read as follows:

“(i) The Commission shall have the power to make such rules and regulations as are necessary to carry out the purposes of this Act.”

TITLE VI–NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS
SEC. 601. No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

SEC. 602. Each Federal department and agency which is empowered to extend Federal financial assistance to any program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 601 with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. Compliance with any requirement adopted pursuant to this section may be effected (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made and, shall be limited in its effect to the particular program, or part thereof, in which such non-compliance has been so found, or (2) by any other means authorized by law: Provided, however, That no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the federal department or agency shall file with the committees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until thirty days have elapsed after the filing of such report.

SEC. 603. Any department or agency action taken pursuant to section 602 shall be subject to such judicial review as may otherwise be provided by law for similar action taken by such department or agency on other grounds. In the case of action, not otherwise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with any requirement imposed pursuant to section 602, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with section 10 of the Administrative Procedure Act, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of that section.

SEC. 604. Nothing contained in this title shall be construed to authorize action under this title by any department or agency with respect to any employment practice of any employer, employment agency, or labor organization except where a primary objective of the Federal financial assistance is to provide employment.

SEC. 605. Nothing in this title shall add to or detract from any existing authority with respect to any program or activity under which Federal financial assistance is extended by way of a contract of insurance or guaranty.

TITLE VII–EQUAL EMPLOYMENT OPPORTUNITY
DEFINITIONS
SEC. 701. For the purposes of this title–

(a) The term “person” includes one or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, or receivers.

(b) The term “employer” means a person engaged in an industry affecting commerce who has twenty-five or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or a State or political subdivision thereof, (2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under section 501(c) of the Internal Revenue Code of 1954: Provided, That during the first year after the effective date prescribed in subsection (a) of section 716, persons having fewer than one hundred employees (and their agents) shall not be considered employers, and, during the second year after such date, persons having fewer than seventy-five employees (and their agents) shall not be considered employers, and, during the third year after such date, persons having fewer than fifty employees (and their agents) shall not be considered employers: Provided further, That it shall be the policy of the United States to insure equal employment opportunities for Federal employees without discrimination because of race, color, religion, sex or national origin and the President shall utilize his existing authority to effectuate this policy.

(c) The term “employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person; but shall not include an agency of the United States, or an agency of a State or political subdivision of a State, except that such term shall include the United States Employment Service and the system of State and local employment services receiving Federal assistance.

(d) The term “labor organization” means a labor organization engaged in an industry affecting commerce, and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization.

(e) A labor organization shall be deemed to be engaged in an industry affecting commerce if (1) it maintains or operates a hiring hall or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer, or (2) the number of its members (or, where it is a labor organization composed of other labor organizations or their representatives, if the aggregate number of the members of such other labor organization) is (A) one hundred or more during the first year after the effective date prescribed in subsection (a) of section 716, (B) seventy-five or more during the second year after such date or fifty or more during the third year, or (C) twenty-five or more thereafter, and such labor organization–

(1) is the certified representative of employees under the provisions of the National Labor Relations Act, as amended, or the Railway Labor Act, as amended;

(2) although not certified, is a national or international labor organization or a local labor organization recognized or acting as the representative of employees of an employer or employers engaged in an industry affecting commerce; or

(3) has chartered a local labor organization or subsidiary body which is representing or actively seeking to represent employees of employers within the meaning of paragraph (1) or (2); or

(4) has been chartered by a labor organization representing or actively seeking to represent employees within the meaning of paragraph (1) or (2) as the local or subordinate body through which such employees may enjoy membership or become affiliated with such labor organization; or

(5) is a conference, general committee, joint or system board, or joint council subordinate to a national or international labor organization, which includes a labor organization engaged in an industry affecting commerce within the meaning of any of the preceding paragraphs of this subsection.

(f) The term “employee” means an individual employed by an employer.

(g) The term “commerce” means trade, traffic, commerce, transportation, transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof.

(h) The term “industry affecting commerce” means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry “affecting commerce” within the meaning of the Labor-Management Reporting and Disclosure Act of 1959.

(i) The term “State” includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, The Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act.

EXEMPTION
SEC. 702. This title shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, or society of its religious activities or to an educational institution with respect to the employment of individuals to perform work connected with the educational activities of such institution.

DISCRIMINATION BECAUSE OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN
SEC. 703. (a) It shall be an unlawful employment practice for an employer–

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or

(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.

(b) It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.

(1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin;

(2) to limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual’s race, color, religion, sex, or national origin; or

(3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section.

(d) It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs to discriminate against any individual because of his race, color, religion, sex, or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

(e) Notwithstanding any other provision of this title, (1) it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise, and (2) it shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of such school, college, university, or other educational institution or institution of learning is directed toward the propagation of a particular religion.

(f) As used in this title, the phrase “unlawful employment practice” shall not be deemed to include any action or measure taken by an employer, labor organization, joint labor-management committee, or employment agency with respect to an individual who is a member of the Communist Party of the United States or of any other organization required to register as a Communist-action or Communist-front organization by final order of the Subversive Activities Control Board pursuant to the Subversive Activities Control Act of 1950.

(g) Notwithstanding any other provision of this title, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if–

(1) the occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive order of the President; and

(2) such individual has not fulfilled or has ceased to fulfill that requirement.

(h) Notwithstanding any other provision of this title, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin. It shall not be an unlawful employment practice under this title for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of section 6(d) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(d)).

(i) Nothing contained in this title shall apply to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because he is an Indian living on or near a reservation.

(j) Nothing contained in this title shall be interpreted to require any employer, employment agency, labor organization, or joint labor-management committee subject to this title to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, or national origin in any community, State, section, or other area, or in the available work force in any community, State, section, or other area.

OTHER UNLAWFUL EMPLOYMENT PRACTICES
SEC. 704. (a) It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed, any practice made an unlawful employment practice by this title, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this title.

(b) It shall be an unlawful employment practice for an employer, labor organization, or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification, or discrimination, based on race, color, religion, sex, or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, or national origin when religion, sex, or national origin is a bona fide occupational qualification for employment.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SEC. 705. (a) There is hereby created a Commission to be known as the Equal Employment Opportunity Commission, which shall be composed of five members, not more than three of whom shall be members of the same political party, who shall be appointed by the President by and with the advice and consent of the Senate. One of the original members shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years, beginning from the date of enactment of this title, but their successors shall be appointed for terms of five years each, except that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The President shall designate one member to serve as Chairman of the Commission, and one member to serve as Vice Chairman. The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission, and shall appoint, in accordance with the civil service laws, such officers, agents, attorneys, and employees as it deems necessary to assist it in the performance of its functions and to fix their compensation in accordance with the Classification Act of 1949, as amended. The Vice Chairman shall act as Chairman in the absence or disability of the Chairman or in the event of a vacancy in that office.

(b) A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission and three members thereof shall constitute a quorum.

(d) The Commission shall at the close of each fiscal year report to the Congress and to the President concerning the action it has taken; the names, salaries, and duties of all individuals in its employ and the moneys it has disbursed; and shall make such further reports on the cause of and means of eliminating discrimination and such recommendations for further legislation as may appear desirable.

(e) The Federal Executive Pay Act of 1956, as amended (5 U.S.C. 2201-2209), is further amended–

(1) by adding to section 105 thereof (5 U.S.C. 2204) the following clause:

“(32) Chairman, Equal Employment Opportunity Commission”; and

(2) by adding to clause (45) of section 106(a) thereof (5 U.S.C. 2205(a)) the following: “Equal Employment Opportunity Commission (4).”

(f) The principal office of the Commission shall be in or near the District of Columbia, but it may meet or exercise any or all its powers at any other place. The Commission may establish such regional or State offices as it deems necessary to accomplish the purpose of this title.

(g) The Commission shall have power–

(1) to cooperate with and, with their consent, utilize regional, State, local, and other agencies, both public and private, and individuals;

(2) to pay to witnesses whose depositions are taken or who are summoned before the Commission or any of its agents the same witness and mileage fees as are paid to witnesses in the courts of the United States;

(3) to furnish to persons subject to this title such technical assistance as they may request to further their compliance with this title or an order issued thereunder;

(4) upon the request of (i) any employer, whose employees or some of them, or (ii) any labor organization, whose members or some of them, refuse or threaten to refuse to cooperate in effectuating the provisions of this title, to assist in such effectuation by conciliation or such other remedial action as is provided by this title;

(5) to make such technical studies as are appropriate to effectuate the purposes and policies of this title and to make the results of such studies available to the public;

(6) to refer matters to the Attorney General with recommendations for intervention in a civil action brought by an aggrieved party under section 706, or for the institution of a civil action by the Attorney General under section 707, and to advise, consult, and assist the Attorney General on such matters.

(h) Attorneys appointed under this section may, at the direction of the Commission, appear for and represent the Commission in any case in court.

(i) The Commission shall, in any of its educational or promotional activities, cooperate with other departments and agencies in the performance of such educational and promotional activities.

(j) All officers, agents, attorneys, and employees of the Commission shall be subject to the provisions of section 9 of the Act of August 2, 1939, as amended (the Hatch Act), notwithstanding any exemption contained in such section.

PREVENTION OF UNLAWFUL EMPLOYMENT PRACTICES
SEC. 706. (a) Whenever it is charged in writing under oath by a person claiming to be aggrieved, or a written charge has been filed by a member of the Commission where he has reasonable cause to believe a violation of this title has occurred (and such charge sets forth the facts upon which it is based) that an employer, employment agency, or labor organization has engaged in an unlawful employment practice, the Commission shall furnish such employer, employment agency, or labor organization (hereinafter referred to as the “respondent”) with a copy of such charge and shall make an investigation of such charge, provided that such charge shall not be made public by the Commission. If the Commission shall determine, after such investigation, that there is reasonable cause to believe that the charge is true, the Commission shall endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion. Nothing said or done during and as a part of such endeavors may be made public by the Commission without the written consent of the parties, or used as evidence in a subsequent proceeding. Any officer or employee of the Commission, who shall make public in any manner whatever any information in violation of this subsection shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or imprisoned not more than one year.

(b) In the case of an alleged unlawful employment practice occurring in a State, or political subdivision of a State, which has a State or local law prohibiting the unlawful employment practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no charge may be filed under subsection (a) by the person aggrieved before the expiration of sixty days after proceedings have been commenced under the State or local law, unless such proceedings have been earlier terminated, provided that such sixty-day period shall be extended to one hundred and twenty days during the first year after the effective date of such State or local law. If any requirement for the commencement of such proceedings is imposed by a State or local authority other than a requirement of the filing of a written and signed statement of the facts upon which the proceeding is based, the proceeding shall be deemed to have been commenced for the purposes of this subsection at the time such statement is sent by registered mail to the appropriate State or local authority.

(c) In the case of any charge filed by a member of the Commission alleging an unlawful employment practice occurring in a State or political subdivision of a State, which has a State or local law prohibiting the practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, the Commission shall, before taking any action with respect to such charge, notify the appropriate State or local officials and, upon request, afford them a reasonable time, but not less than sixty days (provided that such sixty-day period shall be extended to one hundred and twenty days during the first year after the effective day of such State or local law), unless a shorter period is requested, to act under such State or local law to remedy the practice alleged.

(d) A charge under subsection (a) shall be filed within ninety days after the alleged unlawful employment practice occurred, except that in the case of an unlawful employment practice with respect to which the person aggrieved has followed the procedure set out in subsection (b), such charge shall be filed by the person aggrieved within two hundred and ten days after the alleged unlawful employment practice occurred, or within thirty days after receiving notice that the State or local agency has terminated the proceedings under the State or local, law, whichever is earlier, and a copy of such charge shall be filed by the Commission with the State or local agency.

(e) If within thirty days after a charge is filed with the Commission or within thirty days after expiration of any period of reference under subsection (c) (except that in either case such period may be extended to not more than sixty days upon a determination by the Commission that further efforts to secure voluntary compliance are warranted), the Commission has been unable to obtain voluntary compliance with this title, the Commission shall so notify the person aggrieved and a civil action may, within thirty days thereafter, be brought against the respondent named in the charge (1) by the person claiming to be aggrieved, or (2) if such charge was filed by a member of the Commission, by any person whom the charge alleges was aggrieved by the alleged unlawful employment practice. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the action without the payment of fees, costs, or security. Upon timely application, the court may, in its discretion, permit the Attorney General to intervene in such civil action if he certifies that the case is of general public importance. Upon request, the court may, in its discretion, stay further proceedings for not more than sixty days pending the termination of State or local proceedings described in subsection (b) or the efforts of the Commission to obtain voluntary compliance.

(f) Each United States district court and each United States court of a place subject to the jurisdiction of the United States shall have jurisdiction of actions brought under this title. Such an action may be brought in any judicial district in the State in which the unlawful employment practice is alleged to have been committed, in the judicial district in which the employment records relevant to such practice are maintained and administered, or in the judicial district in which the plaintiff would have worked but for the alleged unlawful employment practice, but if the respondent is not found within any such district, such an action may be brought within the judicial district in which the respondent has his principal office. For purposes of sections 1404 and 1406 of title 28 of the United States Code, the judicial district in which the respondent has his principal office shall in all cases be considered a district in which the action might have been brought.

(g) If the court finds that the respondent has intentionally engaged in or is intentionally engaging in an unlawful employment practice charged in the complaint, the court may enjoin the respondent from engaging in such unlawful employment practice, and order such affirmative action as may be appropriate, which may include reinstatement or hiring of employees, with or without back pay (payable by the employer, employment agency, or labor organization, as the case may be, responsible for the unlawful employment practice). Interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable. No order of the court shall require the admission or reinstatement of an individual as a member of a union or the hiring, reinstatement, or promotion of an individual as an employee, or the payment to him of any back pay, if such individual was refused admission, suspended, or expelled or was refused employment or advancement or was suspended or discharged for any reason other than discrimination on account of race, color, religion, sex or national origin or in violation of section 704(a).

(h) The provisions of the Act entitled “An Act to amend the Judicial Code and to define and limit the jurisdiction of courts sitting in equity, and for other purposes,” approved March 23, 1932 (29 U.S.C. 101-115), shall not apply with respect to civil actions brought under this section.

(i) In any case in which an employer, employment agency, or labor organization fails to comply with an order of a court issued in a civil action brought under subsection (e), the Commission may commence proceedings to compel compliance with such order.

(j) Any civil action brought under subsection (e) and any proceedings brought under subsection (i) shall be subject to appeal as provided in sections 1291 and 1292, title 28, United States Code.

(k) In any action or proceeding under this title the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney’s fee as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person.

SEC. 707. (a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.

(b) The district courts of the United States shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, and in any such proceeding the Attorney General may file with the clerk of such court a request that a court of three judges be convened to hear and determine the case. Such request by the Attorney General shall be accompanied by a certificate that, in his opinion, the case is of general public importance. A copy of the certificate and request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. An appeal from the final judgment of such court will lie to the Supreme Court.

It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited.

EFFECT ON STATE LAWS
SEC. 708. Nothing in this title shall be deemed to exempt or relieve any person from any liability, duty, penalty, or punishment provided by any present or future law of any State or political subdivision of a State, other than any such law which purports to require or permit the doing of any act which would be an unlawful employment practice under this title.

INVESTIGATIONS, INSPECTIONS, RECORDS, STATE AGENCIES
SEC. 709. (a) In connection with any investigation of a charge filed under section 706, the Commission or its designated representative shall at all reasonable times have access to, for the purposes of examination, and the right to copy any evidence of any person being investigated or proceeded against that relates to unlawful employment practices covered by this title and is relevant to the charge under investigation.

(b) The Commission may cooperate with State and local agencies charged with the administration of State fair employment practices laws and, with the consent of such agencies, may for the purpose of carrying out its functions and duties under this title and within the limitation of funds appropriated specifically for such purpose, utilize the services of such agencies and their employees and, notwithstanding any other provision of law, may reimburse such agencies and their employees for services rendered to assist the Commission in carrying out this title. In furtherance of such cooperative efforts, the Commission may enter into written agreements with such State or local agencies and such agreements may include provisions under which the Commission shall refrain from processing a charge in any cases or class of cases specified in such agreements and under which no person may bring a civil action under section 706 in any cases or class of cases so specified, or under which the Commission shall relieve any person or class of persons in such State or locality from requirements imposed under this section. The Commission shall rescind any such agreement whenever it determines that the agreement no longer serves the interest of effective enforcement of this title.

(c) Except as provided in subsection (d), every employer, employment agency, and labor organization subject to this title shall (1) make and keep such records relevant to the determinations of whether unlawful employment practices have been or are being committed, (2) preserve such records for such periods, and (3) make such reports therefrom, as the Commission shall prescribe by regulation or order, after public hearing, as reasonable, necessary, or appropriate for the enforcement of this title or the regulations or orders thereunder. The Commission shall, by regulation, require each employer, labor organization, and joint labor-management committee subject to this title which controls an apprenticeship or other training program to maintain such records as are reasonably necessary to carry out the purpose of this title, including, but not limited to, a list of applicants who wish to participate in such program, including the chronological order in which such applications were received, and shall furnish to the Commission, upon request, a detailed description of the manner in which persons are selected to participate in the apprenticeship or other training program. Any employer, employment agency, labor organization, or joint labor-management committee which believes that the application to it of any regulation or order issued under this section would result in undue hardship may (1) apply to the Commission for an exemption from the application of such regulation or order, or (2) bring a civil action in the United States district court for the district where such records are kept. If the Commission or the court, as the case may be, finds that the application of the regulation or order to the employer, employment agency, or labor organization in question would impose an undue hardship, the Commission or the court, as the case may be, may grant appropriate relief.

(d) The provisions of subsection (c) shall not apply to any employer, employment agency, labor organization, or joint labor-management committee with respect to matters occurring in any State or political subdivision thereof which has a fair employment practice law during any period in which such employer, employment agency, labor organization, or joint labor-management committee is subject to such law, except that the Commission may require such notations on records which such employer, employment agency, labor organization, or joint labor-management committee keeps or is required to keep as are necessary because of differences in coverage or methods of enforcement between the State or local law and the provisions of this title. Where an employer is required by Executive Order 10925, issued March 6, 1961, or by any other Executive order prescribing fair employment practices for Government contractors and subcontractors, or by rules or regulations issued thereunder, to file reports relating to his employment practices with any Federal agency or committee, and he is substantially in compliance with such requirements, the Commission shall not require him to file additional reports pursuant to subsection (c) of this section.

(e) It shall be unlawful for any officer or employee of the Commission to make public in any manner whatever any information obtained by the Commission pursuant to its authority under this section prior to the institution of any proceeding under this title involving such information. Any officer or employee of the Commission who shall make public in any manner whatever any information in violation of this subsection shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $1,000, or imprisoned not more than one year.

INVESTIGATORY POWERS
SEC. 710. (a) For the purposes of any investigation of a charge filed under the authority contained in section 706, the Commission shall have authority to examine witnesses under oath and to require the production of documentary evidence relevant or material to the charge under investigation.

(b) If the respondent named in a charge filed under section 706 fails or refuses to comply with a demand of the Commission for permission to examine or to copy evidence in conformity with the provisions of section 709(a), or if any person required to comply with the provisions of section 709 (c) or (d) fails or refuses to do so, or if any person fails or refuses to comply with a demand by the Commission to give testimony under oath, the United States district court for the district in which such person is found, resides, or transacts business, shall, upon application of the Commission, have jurisdiction to issue to such person an order requiring him to comply with the provisions of section 709 (c) or (d) or to comply with the demand of the Commission, but the attendance of a witness may not be required outside the State where he is found, resides, or transacts business and the production of evidence may not be required outside the State where such evidence is kept.

(c) Within twenty days after the service upon any person charged under section 706 of a demand by the Commission for the production of documentary evidence or for permission to examine or to copy evidence in conformity with the provisions of section 709(a), such person may file in the district court of the United States for the judicial district in which he resides, is found, or transacts business, and serve upon the Commission a petition for an order of such court modifying or setting aside such demand. The time allowed for compliance with the demand in whole or in part as deemed proper and ordered by the court shall not run during the pendency of such petition in the court. Such petition shall specify each ground upon which the petitioner relies in seeking such relief, and may be based upon any failure of such demand to comply with the provisions of this title or with the limitations generally applicable to compulsory process or upon any constitutional or other legal right or privilege of such person. No objection which is not raised by such a petition may be urged in the defense to a proceeding initiated by the Commission under subsection (b) for enforcement of such a demand unless such proceeding is commenced by the Commission prior to the expiration of the twenty-day period, or unless the court determines that the defendant could not reasonably have been aware of the availability of such ground of objection.

(d) In any proceeding brought by the Commission under subsection (b), except as provided in subsection (c) of this section, the defendant may petition the court for an order modifying or setting aside the demand of the Commission.

SEC. 711. (a) Every employer, employment agency, and labor organization, as the case may be, shall post and keep posted in conspicuous places upon its premises where notices to employees, applicants for employment, and members are customarily posted a notice to be prepared or approved by the Commission setting forth excerpts from or, summaries of, the pertinent provisions of this title and information pertinent to the filing of a complaint.

(b) A willful violation of this section shall be punishable by a fine of not more than $100 for each separate offense.

VETERANS’ PREFERENCE
SEC. 712. Nothing contained in this title shall be construed to repeal or modify any Federal, State, territorial, or local law creating special rights or preference for veterans.

RULES AND REGULATIONS
SEC. 713. (a) The Commission shall have authority from time to time to issue, amend, or rescind suitable procedural regulations to carry out the provisions of this title. Regulations issued under this section shall be in conformity with the standards and limitations of the Administrative Procedure Act.

(b) In any action or proceeding based on any alleged unlawful employment practice, no person shall be subject to any liability or punishment for or on account of (1) the commission by such person of an unlawful employment practice if he pleads and proves that the act or omission complained of was in good faith, in conformity with, and in reliance on any written interpretation or opinion of the Commission, or (2) the failure of such person to publish and file any information required by any provision of this title if he pleads and proves that he failed to publish and file such information in good faith, in conformity with the instructions of the Commission issued under this title regarding the filing of such information. Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that (A) after such act or omission, such interpretation or opinion is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect, or (B) after publishing or filing the description and annual reports, such publication or filing is determined by judicial authority not to be in conformity with the requirements of this title.

FORCIBLY RESISTING THE COMMISSION OR ITS REPRESENTATIVES
SEC. 714. The provisions of section 111, title 18, United States Code, shall apply to officers, agents, and employees of the Commission in the performance of their official duties.

SPECIAL STUDY BY SECRETARY OF LABOR
SEC. 715. The Secretary of Labor shall make a full and complete study of the factors which might tend to result in discrimination in employment because of age and of the consequences of such discrimination on the economy and individuals affected. The Secretary of Labor shall make a report to the Congress not later than June 30, 1965, containing the results of such study and shall include in such report such recommendations for legislation to prevent arbitrary discrimination in employment because of age as he determines advisable.

EFFECTIVE DATE
SEC. 716. (a) This title shall become effective one year after the date of its enactment.

(b) Notwithstanding subsection (a), sections of this title other than sections 703, 704, 706, and 707 shall become effective immediately.

(c) The President shall, as soon as feasible after the enactment of this title, convene one or more conferences for the purpose of enabling the leaders of groups whose members will be affected by this title to become familiar with the rights afforded and obligations imposed by its provisions, and for the purpose of making plans which will result in the fair and effective administration of this title when all of its provisions become effective. The President shall invite the participation in such conference or conferences of (1) the members of the President’s Committee on Equal Employment Opportunity, (2) the members of the Commission on Civil Rights, (3) representatives of State and local agencies engaged in furthering equal employment opportunity, (4) representatives of private agencies engaged in furthering equal employment opportunity, and (5) representatives of employers, labor organizations, and employment agencies who will be subject to this title.

TITLE VIII–REGISTRATION AND VOTING STATISTICS
SEC. 801. The Secretary of Commerce shall promptly conduct a survey to compile registration and voting statistics in such geographic areas as may be recommended by the Commission on Civil Rights. Such a survey and compilation shall, to the extent recommended by the Commission on Civil Rights, only include a count of persons of voting age by race, color, and national origin, and determination of the extent to which such persons are registered to vote, and have voted in any statewide primary or general election in which the Members of the United States House of Representatives are nominated or elected, since January 1, 1960. Such information shall also be collected and compiled in connection with the Nineteenth Decennial Census, and at such other times as the Congress may prescribe. The provisions of section 9 and chapter 7 of title 13, United States Code, shall apply to any survey, collection, or compilation of registration and voting statistics carried out under this title: Provided, however, That no person shall be compelled to disclose his race, color, national origin, or questioned about his political party affiliation, how he voted, or the reasons therefore, nor shall any penalty be imposed for his failure or refusal to make such disclosure. Every person interrogated orally, by written survey or questionnaire or by any other means with respect to such information shall be fully advised with respect to his right to fail or refuse to furnish such information.

TITLE IX–INTERVENTION AND PROCEDURE AFTER REMOVAL IN CIVIL RIGHTS CASES
SEC. 901. Title 28 of the United States Code, section 1447(d), is amended to read as follows:

“An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to section 1443 of this title shall be reviewable by appeal or otherwise.”

SEC. 902. Whenever an action has been commenced in any court of the United States seeking relief from the denial of equal protection of the laws under the fourteenth amendment to the Constitution on account of race, color, religion, or national origin, the Attorney General for or in the name of the United States may intervene in such action upon timely application if the Attorney General certifies that the case is of general public importance. In such action the United States shall be entitled to the same relief as if it had instituted the action.

TITLE X–ESTABLISHMENT OF COMMUNITY RELATIONS SERVICE
SEC. 1001. (a) There is hereby established in and as a part of the Department of Commerce a Community Relations Service (hereinafter referred to as the “Service”), which shall be headed by a Director who shall be appointed by the President with the advice and consent of the Senate for a term of four years. The Director is authorized to appoint, subject to the civil service laws and regulations, such other personnel as may be necessary to enable the Service to carry out its functions and duties, and to fix their compensation in accordance with the Classification Act of 1949, as amended. The Director is further authorized to procure services as authorized by section 15 of the Act of August 2, 1946 (60 Stat. 810; 5 U.S.C. 55(a)), but at rates for individuals not in excess of $75 per diem.

(b) Section 106(a) of the Federal Executive Pay Act of 1956, as amended (5 U.S.C. 2205(a)), is further amended by adding the following clause thereto:

“(52) Director, Community Relations Service.”

SEC. 1002. It shall be the function of the Service to provide assistance to communities and persons therein in resolving disputes, disagreements, or difficulties relating to discriminatory practices based on race, color, or national origin which impair the rights of persons in such communities under the Constitution or laws of the United States or which affect or may affect interstate commerce. The Service may offer its services in cases of such disputes, disagreements, or difficulties whenever, in its judgment, peaceful relations among the citizens of the community involved are threatened thereby, and it may offer its services either upon its own motion or upon the request of an appropriate State or local official or other interested person.

SEC. 1003. (a) The Service shall, whenever possible, in performing its functions, seek and utilize the cooperation of appropriate State or local, public, or private agencies.

(b) The activities of all officers and employees of the Service in providing conciliation assistance shall be conducted in confidence and without publicity, and the Service shall hold confidential any information acquired in the regular performance of its duties upon the understanding that it would be so held. No officer or employee of the Service shall engage in the performance of investigative or prosecuting functions of any department or agency in any litigation arising out of a dispute in which he acted on behalf of the Service. Any officer or other employee of the Service, who shall make public in any manner whatever any information in violation of this subsection, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned not more than one year.

SEC. 1004. Subject to the provisions of sections 205 and 1003(b), the Director shall, on or before January 31 of each year, submit to the Congress a report of the activities of the Service during the preceding fiscal year.

TITLE XI–MISCELLANEOUS
SEC. 1101. In any proceeding for criminal contempt arising under title II, III, IV, V, VI, or VII of this Act, the accused, upon demand therefor, shall be entitled to a trial by jury, which shall conform as near as may be to the practice in criminal cases. Upon conviction, the accused shall not be fined more than $1,000 or imprisoned for more than six months.

This section shall not apply to contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice, nor to the misbehavior, misconduct, or disobedience of any officer of the court in respect to writs, orders, or process of the court. No person shall be convicted of criminal contempt hereunder unless the act or omission constituting such contempt shall have been intentional, as required in other cases of criminal contempt.

Nor shall anything herein be construed to deprive courts of their power, by civil contempt proceedings, without a jury, to secure compliance with or to prevent obstruction of, as distinguished from punishment for violations of, any lawful writ, process, order, rule, decree, or command of the court in accordance with the prevailing usages of law and equity, including the power of detention.

SEC. 1102. No person should be put twice in jeopardy under the laws of the United States for the same act or omission. For this reason, an acquittal or conviction in a prosecution for a specific crime under the laws of the United States shall bar a proceeding for criminal contempt, which is based upon the same act or omission and which arises under the provisions of this Act; and an acquittal or conviction in a proceeding for criminal contempt, which arises under the provisions of this Act, shall bar a prosecution for a specific crime under the laws of the United States based upon the same act or omission.

SEC. 1103. Nothing in this Act shall be construed to deny, impair, or otherwise affect any right or authority of the Attorney General or of the United States or any agency or officer thereof under existing law to institute or intervene in any action or proceeding.

SEC. 1104. Nothing contained in any title of this Act shall be construed as indicating an intent on the part of Congress to occupy the field in which any such title operates to the exclusion of State laws on the same subject matter, nor shall any provision of this Act be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this Act, or any provision thereof.

SEC. 1105. There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this Act.

SEC. 1106. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.

Approved July 2, 1964.

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95 Social Science Reasons

for Religious Worship and Practice

Pat Fagan

October 16, 2012

Introduction

A century ago, non-believers could push religion aside as an irritating superstition that had to be endured because the majority and the Founder Fathers held to it. To ignore religion today, atheists would also have to throw reason and science aside as well, because developments in sociology, psychology and economics make religion’s abundant benefits clear to all who investigate it.

U.S. federal data repeatedly make clear that the practice of religion is a great public and private good. Given its myriad benefits, it is clear religious practice indirectly but powerfully saves the taxpayer much and also adds to public revenues.

Reasonable atheists and agnostics will voice, not opposition to religious practice, but public gratitude for the good it does. Worship’s benefits flow over to all the other major institutions of the nation: the family, education, the marketplace and income, and government. Worship’s rewards are visible, for example, in education and human capital development, sexual behavior, relational strength, psychological and physical well-being, and in a significant decrease in a variety of social ills.

Presently there is much discussion of religious liberty and its centrality to the American way of life. The data contained in this paper should reinforce the confidence of every believer and instill respect for religion in those who do not believe, for faith is a major enabler of our constitutional system of self-government.

Reasons for Religion: Family

Marriage

Numerous sociological studies have shown that valuing religion and regularly practicing it are associated with greater marital stability, higher levels of marital satisfaction, and an increased inclination to marry.¹
Religious attendance is the most important predictor of marital stability,² confirming even studies conducted over 50 years ago.³
Couples who acknowledged a divine purpose in their marriage were more likely to collaborate, to have greater marital adjustment, and to perceive more benefits from marriage.⁴
These same couples also said that they were less likely to use aggression or to come to a stalemate in their disagreements.⁵
Couples whose marriages lasted 30 years or more reported that their faith helped them to deal with difficult times, was a source of moral guidance in making decisions and dealing with conflict, and encouraged them to maintain their commitment to their marriages.⁶
The more frequently husbands attended religious services, the happier their wives said they were with the level of affection and understanding they received and the amount of time their husbands spent with them.⁷
Sixty percent who attended religious services at least monthly perceived their marriages as “very satisfactory,” compared with 43 percent of those who attended religious services less often.⁸
Compared with peers who attend religious services several times a week, young women who never attend are seven times more likely to cohabit. Women who attend weekly are one third less likely to cohabit than those who attend less than once a month.⁹

¹ Andrew J. Weaver, Judith A. Samford, Virginia J. Morgan, David B. Larson, Harold G. Koenig, and Kevin J. Flannelly, “A Systematic Review of Research on Religion in Six Primary Marriage and Family Journals: 1995-1999,” American Journal of Family Therapy 30, no. 4 (July 2002): 293-309.

² David B. Larson, Susan S. Larson, and John Gartner, “Families, Relationships and Health,” in Behavior and Medicine, ed. Danny Wedding (St. Louis: Mosby Year Book, Inc., 1990), 135-147.

³ Lee G. Burchinal, “Marital Satisfaction and Religious Behavior,” American Sociological Review 22, no. 3 (June 1957): 306-310.

⁴ Christopher G. Ellison and Kristin L. Anderson, “Religious Involvement and Domestic Violence Among U.S. Couples,” Journal for the Scientific Study of Religion 40, issue 2 (June 2001): 269-286.

⁵ Christopher G. Ellison and Kristin L. Anderson, “Religious Involvement and Domestic Violence Among U.S. Couples,” Journal for the Scientific Study of Religion 40, issue 2 (June 2001): 269-286.

⁶ Linda C. Robinson, “Marital Strengths in Enduring Marriages,” Family Relations 42, no. 1 (1993): 38-45.

⁷ W. Bradford Wilcox, Soft Patriarchs, New Men: How Christianity Shapes Fathers and Husbands (Chicago: University of Chicago Press, 2004), 186.

⁸ Howard M. Bahr and Bruce A. Chadwick, “Religion and Family in Middleton, USA,” Journal of Marriage and Family 47 (May 1985): 407-414.

⁹ Arland Thornton, W.G. Axinn, and D.H. Hill, “Reciprocal Effects of Religiosity, Cohabitation, and Marriage,” American Journal of Sociology 98, no. 3 (November 1992): 628-651.

Similarly, churchgoing adults tend to cease regular religious practice when they begin to cohabit.¹⁰
Those who attended religious services infrequently as adolescents and considered religion to be of low importance are more likely to cohabit as young adults.¹¹
Children whose mothers frequently attended religious services are 50 percent less likely to cohabit than their peers whose mothers were not actively religious.¹²

Parenting

Parents who attend religious services are more likely to enjoy a better relationship with their children¹³ and to be more involved in their children’s education.¹⁴
The greater a child’s religious involvement, the more likely both the child and parent will agree about the quality of their relationship,¹⁵ the more similar their values will be, and the greater their emotional closeness will be.¹⁶
A child’s religious involvement is highly correlated to emotional closeness with his or her parents.¹⁷
Mothers who became more religious throughout the first 18 years of their child’s life reported a better relationship with their children, regardless of the level of their religious practice before the children were born.¹⁸
When 18-year-olds attended religious services with approximately the same frequency as their mothers, the mothers reported significantly better relationships with their children, even many years later, indicating that the effects of similar religious practice endure.¹⁹

¹⁰ Arland Thornton, W.G. Axinn, and D.H. Hill, “Reciprocal Effects of Religiosity, Cohabitation, and Marriage,” American Journal of Sociology 98, no. 3 (November 1992): 628-651.

¹¹ Kazuo Yamaguchi, “Dynamic Relationships Between Premarital Cohabitation and Illicit Drug Use: An Event-History Analysis of Role Selection and Role Socialization,” American Sociological Review 50, no. 4 (August 1985): 530-546.

¹² Arland Thornton, W.G. Axinn, and D.H. Hill, “Reciprocal Effects of Religiosity, Cohabitation, and Marriage,” American Journal of Sociology 98, no. 3 (November 1992): 628-651.

¹³ Lisa D. Pearce and William G. Axinn, “The Impact of Family Religious Life on the Quality of Mother-Child Relations,” American Sociological Review 63, no. 6 (December 1998): 810-828.

¹⁴ W. Bradford Wilcox, “Religion, Convention, and Paternal Involvement,” Journal of Marriage and Family 64, no. 3 (August 2002): 780-792.

¹⁵ William S. Aquilino, “Two Views of One Relationship: Comparing Parents’ and Young Adult Children’s Reports of the Quality of Intergenerational Relations,” Journal of Marriage and Family 61, no. 4 (November 1999): 858-870.

¹⁶ Lisa D. Pearce and Dana L. Haynie, “Intergenerational Religious Dynamics and Adolescent Delinquency,” Social Forces 82, no. 4 (June 2004): 1553-1572.

¹⁷ Lisa D. Pearce and Dana L. Haynie, “Intergenerational Religious Dynamics and Adolescent Delinquency,” Social Forces 82, no. 4 (June 2004): 1553-1572.

¹⁸ Lisa D. Pearce and William G. Axinn, “The Impact of Family Religious Life on the Quality of Mother-Child Relations,” American Sociological Review 63, no. 6 (December 1998): 810-828.

¹⁹ Lisa D. Pearce and William G. Axinn, “The Impact of Family Religious Life on the Quality of Mother-Child Relations,” American Sociological Review 63, no. 6 (December 1998): 810-828.

A father’s religious affiliation and religious attendance are positively associated with his involvement with his children in ways such as interacting one-on-one, having dinner with his family, and volunteering for youth-related activities.²⁰
Compared to fathers who have no religious affiliation, those who attend religious services frequently are more likely to monitor, spend time with, and praise and hug their children.²¹
A father’s frequency of religious attendance is a stronger predictor of paternal involvement in one-on-one activities with children than are employment and income—the factors most frequently cited in the academic literature on fatherhood.²²
Compared to children whose parents do not attend church at all, children whose parents attend church services exhibit more self-control while under parental supervision in their homes.²³

Sexual Attitudes and Behavior

The 1992 National Health and Social Life Survey shows that, of adults aged 18 to 59, those in intact marriages who worship weekly were most likely to say they felt thrilled and excited during intercourse with their current sexual partner. Almost 92 percent of adults who worship weekly reported feeling thrilled and excited, compared to only about 85 percent who never worship.²⁴
Very religious women report greater satisfaction in sexual intercourse with their husbands than do moderately religious or non-religious women.²⁵
Greater levels of community religious practice are correlated with lower levels of teen sexual activity.²⁶
Traditional values and religious beliefs are among the most common factors cited by teens as their reason for remaining sexually abstinent, second only to fear (e.g., fear of an unwanted pregnancy, a sexually transmitted disease, or parental discipline).²⁷

²⁰ W. Bradford Wilcox, Soft Patriarchs, New Men: How Christianity Shapes Fathers and Husbands (Chicago: University of Chicago Press, 2004), 112-118.

²¹ W. Bradford Wilcox, Soft Patriarchs, New Men: How Christianity Shapes Fathers and Husbands (Chicago: University of Chicago Press, 2004), 112-118.

²² W. Bradford Wilcox, Soft Patriarchs, New Men: How Christianity Shapes Fathers and Husbands (Chicago: University of Chicago Press, 2004), 112-118.

²³ John P. Bartkowski, Xiaohe Xu, and Martin L. Levin, “Religion and Child Development: Evidence from the Early Childhood Longitudinal Study,” Social Science Research 37, no. 1 (March 2007): 18-36.

²⁴ Patrick F. Fagan and Althea Nagai, “Feels Thrilled, Excited During Intercourse with Current Partner,” Mapping America 116 (2012). http://www.frc.org/marri-mappingamerica/mapping-america-116-feels-thrilled-excited-during-intercourse-with-current-sexual-partner (accessed September 21, 2012).

²⁵ Carol Tavris and Susan Sadd, The Redbook Report on Female Sexuality (New York: Delacorte Press, 1977).

²⁶ John O.G. Billy, “Contextual Effects on the Sexual Behavior of Adolescent Women,” Journal of Marriage and Family 56, no. 2 (May 1994): 387-404.

²⁷ Lynn Blinn-Pike, “Why Abstinent Adolescents Report They Have Not Had Sex: Understanding Sexually Resilient Youth,” Family Relations 48, no. 3 (July 1999): 295-301.

Youth who attend religious services more frequently have less permissive attitudes toward sexual activity and less sexual experience than peers who attend religious services less frequently.²⁸
An analysis of National Longitudinal Survey of Adolescent Health found that each increase in religiosity on their scale²⁹ reduced the odds of becoming sexually active by 16 percent for girls and by 12 percent for boys.³⁰
Men and women who are religious are more likely to have less permissive sexual attitudes, and they are influenced by religion more than any other variable when it comes to their sexual choices.³¹
Individuals who attend religious services more often are less likely to have a positive view of extramarital sexual relationships.³²
Those with higher levels of religious commitment and who regularly attend religious services are much less likely to engage in premarital sex or extramarital affairs or to have multiple sexual partners.³³
Among both conservative and mainline Protestants, religious affiliation and religious attendance consistently predict negative attitudes toward divorce and premarital sexual intercourse.³⁴

Family Weaknesses

Couples who share the same religious commitment are less likely to commit acts of domestic violence.³⁵
Men who attend religious services at least weekly are less than half as likely to commit an act of violence against their partners as their peers who attend once yearly or less.³⁶

²⁸ Arland Thornton, “Religious Participation and Adolescent Sexual Behavior and Attitudes,” Journal of Marriage and Family 51, no. 3 (August 1989): 641-653.

²⁹ In this study, religiosity was a composite score between 3 and 12 representing an individual’s religious attendance, participation in religious youth activities, and self-rated importance of religion.

³⁰ Sharon Scales Rostosky, Mark D. Regnerus, and Margaret Laurie Comer Wright, “Coital Debut: The Role of Religiosity and Sex Attitudes in the Add Health Survey,” Journal of Sex Research 40, no. 4 (November 2003): 358-367.

³¹ Lisa D. Wade, “Relationship Dissolution as a Life Stage Transition: Effects on Sexual Attitudes and Behaviors,” Journal of Marriage and Family 64, no. 4 (November 2002): 898-914.

Sharon Scales Rostosky, Mark D. Regnerus, and Margaret Laurie Comer Wright, “Coital Debut: The Role of Religiosity and Sex Attitudes in the Add Health Survey,” Journal of Sex Research 40, no. 4 (November 2003): 358-367.

³² Gerbert Kraaykamp, “Trends and Countertrends in Sexual Permissiveness: Three Decades of Attitude Change in the Netherlands: 1965-1995,” Journal of Marriage and Family 64, no. 1 (February 2002): 225239.

³³ Manhattan Institute for Policy Research, Center for Research on Religion and Urban Civil Society, Objective Hope—Assessing the Effectiveness of Faith-Based Organizations: A Systematic Review of the Literature, by Byron R. Johnson, Ralph Brett Tompkins, and Derek Webb (2002). www.manhattaninstitute.org/pdf/crrucs_objective_hope.pdf (accessed September 6, 2012).

³⁴ W. Bradford Wilcox, Soft Patriarchs, New Men: How Christianity Shapes Fathers and Husbands (Chicago: University of Chicago Press, 2004), 81.

³⁵ Christopher G. Ellison, John P. Bartkowski, and Kristin L. Anderson, “Are There Religious Variations in Domestic Violence?” Journal of Family Issues 20, no. 1 (January 1999): 87-113.

³⁶ Christopher G. Ellison, John P. Bartkowski, and Kristin L. Anderson, “Are There Religious Variations in Domestic Violence?” Journal of Family Issues 20, no. 1 (January 1999): 87-113.

Regular attendance at religious services has a strong and statistically significant inverse association with the incidence of domestic abuse.³⁷
Mothers who attended religious services less often over time reported a lower-quality relationship with their adult child.³⁸
Compared to those who consider themselves “very religious,” those who are “not at all religious” are far more likely to bear a child out of wedlock (among whites, three times as likely; among Hispanics, 2.5 times as likely; and among blacks, twice as likely).³⁹

Divorce

Marriages in which both spouses attend religious services frequently are 2.4 times less likely to end in divorce than marriages in which neither spouse worships. ⁴⁰
The likelihood of divorce is reduced when husbands and wives share the same religious commitment. Such couples report a greater sense of well-being and more satisfaction with their marital relationship.⁴¹
Those who cease attending religious services divorce 2.5 times more frequently than those who continue their religious practice.⁴²
Those who consider their religious beliefs “very important” are 22 percent less likely to divorce than those to whom religious beliefs are only “somewhat important.”⁴³
Couples who share the same faith are more likely to reunite if they separate than are couples who do not share the same religious affiliation. One study found that fully a third of the separated spouses who had the same religious affiliation reconciled, compared with less than one-fifth of those with different affiliations.⁴⁴
Women who are more religious are less likely to experience divorce or separation than are their less religious peers.⁴⁵

³⁷ Christopher G. Ellison and Kristin L. Anderson, “Religious Involvement and Domestic Violence Among U.S. Couples,” Journal for the Scientific Study of Religion 40, issue 2 (June 2001): 269-286.

³⁸ Lisa D. Pearce and William G. Axinn, “The Impact of Family Religious Life on the Quality of Mother-Child Relations,” American Sociological Review 63, no. 6 (December 1998): 810-828.

³⁹ Allan F. Abrahamse, Beyond Stereotypes: Who Becomes a Single Teenage Mother? (Santa Monica, CA: Rand Corporation, 1988), 37-50.

⁴⁰ Vaughn R.A. Call and Tim B. Heaton, “Religious Influence on Marital Stability,” Journal for the Scientific Study of Religion 36, no. 3 (September 1997): 382-392.

⁴¹ Lisa D. Pearce and Dana L. Haynie, “Intergenerational Religious Dynamics and Adolescent Delinquency,” Social Forces 82, no. 4 (June 2004): 1553-1572.

⁴² Timothy T. Clydesdale, “Family Behaviors Among Early U.S. Baby Boomers: Exploring the Effects of Religion and Income Change, 1965-1982,” Social Forces 76, no. 2 (December 1997): 605-635.

⁴³ Chris Knoester and Alan Booth, “Barriers to Divorce: When Are They Effective? When Are They Not?” Journal of Family Issues 27, no. 1 (January 2000): 78-99.

⁴⁴ Howard Wineberg, “Marital Reconciliation in the United States: Which Couples Are Successful?” Journal of Marriage and Family 56, no. 1 (February 1994): 80-88.

⁴⁵ Karen Price Carver, “Female Employment and First Union Dissolution in Puerto Rico,” Journal of Marriage and Family 55, no. 3 (1993) 686-698.

Reasons for Religion: Education
Increased religious attendance is correlated with higher grades.⁴⁶ Students who frequently attend religious services scored 2.32 points higher on tests in math and reading than their less religiously-involved peers.⁴⁷
More than 75 percent of students who become more religious during their college years achieve above-average college grades.⁴⁸
Religiously involved students spend more time on their homework and work harder in school than non-religious students.⁴⁹
Frequent religious attendance correlates with lower dropout rates and greater school attachment.⁵⁰
Frequent religious attendance results in a fivefold decrease in the likelihood that youth will skip school, compared to those who seldom or never attend.⁵¹
The greater is parents’ religious involvement, the more likely they will have higher educational expectations for their children and will communicate with their children about their education.⁵²
Frequent religious practice is positively correlated with higher educational aspirations.⁵³
Students who attend church weekly while growing up have significantly more years of total schooling by their early thirties than peers who do not attend church at all.⁵⁴

⁴⁶ Mark D. Regnerus and Glen H. Elder, “Religion and Vulnerability Among Low-Risk Adolescents,” Social Science Research 32 (2003): 644, 650. Regnerus and Elder analyzed 9,200 youth from the National Longitudinal Study of Adolescent Health. They also found that each unit increase in church attendance decreased the likelihood of getting poor grades by 13 percent.

J.L. Glanville, D. Sikkink, and E.I. Hernández, “Religious Involvement and Educational Outcomes: The Role of Social Capital and Extracurricular Participation,” Sociological Quarterly 49 (2008): 105-137.

⁴⁷ Mark D. Regnerus, “Shaping Schooling Success: Religious Socialization and Educational Outcomes in Metropolitan Public Schools,” Journal for the Scientific Study of Religion 39, issue 3 (September 2000): 363-370.

⁴⁸ David S. Zern, “Some Connections Between Increasing Religiousness and Academic Accomplishment in a College Population,” Adolescence 24, no. 93 (1989): 152. Zern, in his sample of 251, also found that neither past nor present religious practice was related to grade point average in college.

⁴⁹ Chandra Muller and Christopher G. Ellison, “Religious Involvement, Social Capital, and Adolescents’ Academic Progress: Evidence from the National Education Longitudinal Study of 1988,” Sociological Focus 34 (2001): 155-183.

⁵⁰ Mark D. Regnerus, “Shaping Schooling Success: Religious Socialization and Educational Outcomes in Metropolitan Public Schools,” Journal for the Scientific Study of Religion 39, issue 3 (September 2000): 363-370.

⁵¹ Douglas M. Sloane and Raymond H. Potvin, “Religion and Delinquency: Cutting Through the Maze,” Social Forces 65, no. 1 (September 1986): 87-105.

⁵² Chandra Muller and Christopher G. Ellison, “Religious Involvement, Social Capital, and Adolescents’ Academic Progress: Evidence from the National Education Longitudinal Study of 1988,” Sociological Focus 34, no. 2 (May 2001): 155-183.

⁵³ University of Pennsylvania, Center for Research on Religion and Urban Civil Society, Making the Grade: The Influence of Religion upon the Academic Performance of Youth in Disadvantaged Communities, by Mark D. Regnerus, Report no. 3 (2001).

⁵⁴ L.D. Loury, “Does Church Attendance Really Increase Schooling?” Journal for the Scientific Study of Religion 43 (2004): 119-127.

Attending religious services and activities positively affects inner-city youths’ school attendance, work activity, and allocation of time—all of which are further linked to reduced likelihood to be deviant.⁵⁵

III. Reasons for Religion: Health

Men and women who attend church weekly have the lowest mortality rates.⁵⁶
Religious practice delivers longevity benefits, most significantly by encouraging a support network among family and friends that helps to maintain a pattern of regimented care, reducing one’s mortality risk from infectious diseases and diabetes.⁵⁷
Greater longevity is consistently and significantly correlated with higher levels of religious practice and involvement, regardless of the sex, race, education, or health history of those studied.⁵⁸
A literature review of medical, public health, and social science literature that empirically addressed the link between religion and mortality found that religious practice decreases mortality rates.⁵⁹
Those who are religiously involved live an average of seven years longer than those who are not. This gap is as great as that between non-smokers and those who smoke a pack of cigarettes a day.⁶⁰
Among African–Americans, the benefit of religion to longevity is particularly large. The average life span of religious blacks is 14 years longer than that of their nonreligious peers.⁶¹
Among African Americans (aged 18 to 54), those who attend church more than weekly have an even lower mortality risk than those who attend just once a week or not at all.⁶²

⁵⁵ National Bureau of Economic Research, Who Escapes? The Relation of Churchgoing and Other Background Factors to the Socioeconomic Performance of Black Male Youths from Inner-City Tracts, by Richard B. Freeman, Working Paper No. 1656 (June 1985).

⁵⁶ Douglas Oman and Dwayne Reed, “Religion and Mortality Among the Community-Dwelling Elderly,” American Journal of Public Health 88, no. 10 (1998): 1471-1472.

⁵⁷ Robert A. Hummer, Richard G. Rogers, Charles B. Nam, and Christopher G. Ellison, “Religious Involvement and U.S. Adult Mortality,” Demography 36, no. 2 (May 1999): 273-285.

⁵⁸ Manhattan Institute for Policy Research, Center for Research on Religion and Urban Civil Society, Objective Hope—Assessing the Effectiveness of Faith-Based Organizations: A Systematic Review of the Literature, by Byron R. Johnson, Ralph Brett Tompkins, and Derek Webb (2002). www.manhattaninstitute.org/pdf/crrucs_objective_hope.pdf (accessed September 6, 2012).

⁵⁹ Robert A. Hummer, Christopher G. Ellison, Richard G. Rogers, Benjamin E. Moulton, and Ron R. Romero, “Religious Involvement and Adult Mortality in the United States: Review and Perspective,” Southern Medical Journal 97, no. 12 (December 2004): 1223-1230.

⁶⁰ Mark D. Regnerus, “Religion and Positive Adolescent Outcomes: A Review of Research and Theory,” Review of Religious Research 44, no. 4 (June 2003): 394-413.

⁶¹ Robert A. Hummer, Richard G. Rogers, Charles B. Nam, and Christopher G. Ellison, “Religious Involvement and U.S. Adult Mortality,” Demography 36, no. 2 (May 1999): 273-285.

⁶² Christopher G. Ellison, Robert A. Hummer, Shannon Cormier, and Richard G. Rogers, “Religious Involvement and Mortality Risk among African American Adults,” Research on Aging 22 (2000): 651-652.

Adolescents whose mothers attend religious services at least weekly display better health, greater problem-solving skills, and higher overall satisfaction with their lives, regardless of race, gender, income, or family structure.⁶³
Youths who both attend religious services weekly and rate religion as important in their lives are more likely to eat healthfully, sleep sufficiently, and exercise regularly.⁶⁴
Young people who both attend religious services weekly and rate religion as important in their lives are less likely to engage in risky behavior, such as drunk driving, riding with drunk drivers, driving without a seatbelt, or engaging in interpersonal violence. They are also less likely to smoke (tobacco or marijuana) or drink heavily.⁶⁵
Those with higher levels of religious commitment may have a reduced risk of colitis, various types of cancer, and untimely death.⁶⁶
One study shows that religion and spirituality have protective effects against mortality regarding cardiovascular disease.⁶⁷

Mental Health

Good mental health is highly correlated to religious participation.⁶⁸
An increase in religious practice is associated with having greater hope and a greater sense of purpose in life.⁶⁹
A literature review of 99 studies found “some positive association…between religious involvement and greater happiness, life satisfaction, morale, positive affect, or some other measure of well-being” 81 percent of the time. This analysis included a wide diversity among ages, races, and denominations.⁷⁰
Religious affiliation and regular church attendance are among the most common reasons people give to explain their own happiness.⁷¹

⁶³ Christopher G. Ellison, John P. Bartkowski, and Kristin L. Anderson, “Are There Religious Variations in Domestic Violence?” Journal of Family Issues 20, no. 1 (January 1999): 87-113.

⁶⁴ John M. Wallace, Jr. and Tyrone A. Forman, “Religion’s Role in Promoting Health and Reducing Risk Among American Youth,” Health Education and Behavior 25, no. 6 (December 1998): 730, 733.

⁶⁵ John M. Wallace, Jr. and Tyrone A. Forman, “Religion’s Role in Promoting Health and Reducing Risk Among American Youth,” Health Education and Behavior 25, no. 6 (December 1998): 730-733.

⁶⁶ Jeffrey S. Levin and Preston L. Schiller, “Is There a Religious Factor in Health?” Journal of Religion and Health 26, no. 1 (March 1987): 9-35.

⁶⁷ Yoichi Chida, Andrew Steptoe, and Lynda H. Powell, “Religiosity/Spirituality and Mortality,” Psychotherapy and Psychosomatics 78 (2009): 86, 88.

⁶⁸ Diane R. Brown and Lawrence E. Gary, “Religious Involvement and Health Status Among African-American Males,” Journal of the National Medical Association 86, no. 11 (1994): 828.

⁶⁹ Manhattan Institute for Policy Research, Center for Research on Religion and Urban Civil Society, Objective Hope—Assessing the Effectiveness of Faith-Based Organizations: A Systematic Review of the Literature, by Byron R. Johnson, Ralph Brett Tompkins, and Derek Webb (2002). www.manhattaninstitute.org/pdf/crrucs_objective_hope.pdf (accessed September 6, 2012).

⁷⁰ Manhattan Institute for Policy Research, Center for Research on Religion and Urban Civil Society, Objective Hope—Assessing the Effectiveness of Faith-Based Organizations: A Systematic Review of the Literature, by Byron R. Johnson, Ralph Brett Tompkins, and Derek Webb (2002). www.manhattaninstitute.org/pdf/crrucs_objective_hope.pdf (accessed September 6, 2012).

⁷¹ B. Beit-Hallami, “Psychology of Religion 1880-1939: The Rise and Fall of a Psychological Movement,” Journal of the History of the Behavioral Sciences 10 (1974): 84-90.

Happiness is greater and psychological health is better among those who attend religious services regularly.⁷²
A majority of the literature in an extensive review concluded that religious commitment and practice lead to increased self-esteem and that religious practice correlates with increased social support.⁷³
First-graders and kindergartners whose parents attend religious services are less likely to experience anxiety, loneliness, low self-esteem, and sadness.⁷⁴
More frequent attendance at religious services predicts less distress among adults⁷⁵ and high school students,⁷⁶ even when controlling for its normal socio-demographic predictors.
African-Americans who were more religious reported a greater sense of control than less religious respondents; this greater sense of control was, in turn, correlated with decreased distress.⁷⁷
People who are frequently involved in religious activities and highly value their religious faith are at reduced risk of depression, according to a review of more than 100 studies.⁷⁸
Those who participate in community religious services have lower levels of depression than those who do not fellowship in a religious community but pray alone.⁷⁹
Adolescents at one public school in Texas who frequently attended religious services and derived great meaning and purpose from religion in their lives had lower levels of depression than their less religious peers.⁸⁰

⁷² Manhattan Institute for Policy Research, Center for Research on Religion and Urban Civil Society, Objective Hope—Assessing the Effectiveness of Faith-Based Organizations: A Systematic Review of the Literature, by Byron R. Johnson, Ralph Brett Tompkins, and Derek Webb (2002). www.manhattaninstitute.org/pdf/crrucs_objective_hope.pdf (accessed September 6, 2012).

⁷³ Manhattan Institute for Policy Research, Center for Research on Religion and Urban Civil Society, Objective Hope—Assessing the Effectiveness of Faith-Based Organizations: A Systematic Review of the Literature, by Byron R. Johnson, Ralph Brett Tompkins, and Derek Webb (2002). www.manhattaninstitute.org/pdf/crrucs_objective_hope.pdf (accessed September 6, 2012).

⁷⁴ John P. Bartkowski, Xiaohe Xu, and Martin L. Levin, “Religion and Child Development: Evidence from the Early Childhood Longitudinal Study,” Social Science Research 37, no. 1 (March 2007): 18-36.

⁷⁵ Manhattan Institute for Policy Research, Center for Research on Religion and Urban Civil Society, Objective Hope—Assessing the Effectiveness of Faith-Based Organizations: A Systematic Review of the Literature, by Byron R. Johnson, Ralph Brett Tompkins, and Derek Webb (2002). www.manhattaninstitute.org/pdf/crrucs_objective_hope.pdf (accessed September 6, 2012).

⁷⁶ Christopher G. Ellison, John P. Bartkowski, and Kristin L. Anderson, “Are There Religious Variations in Domestic Violence?” Journal of Family Issues 20, no. 1 (January 1999): 87-113.

J.M. Mosher and P.J. Handal, “The Relationship Between Religion and Psychological Distress in Adolescents,” Journal of Psychology and Theology 25, issue 4 (Winter 1997): 449-457.

⁷⁷ Sung Joon Jang and Byron R. Johnson, “Explaining Religious Effects on Distress Among African Americans,” Journal for the Scientific Study of Religion 43, no. 2 (June 2004): 239-260.

⁷⁸ Manhattan Institute for Policy Research, Center for Research on Religion and Urban Civil Society, Objective Hope—Assessing the Effectiveness of Faith-Based Organizations: A Systematic Review of the Literature, by Byron R. Johnson, Ralph Brett Tompkins, and Derek Webb (2002). www.manhattaninstitute.org/pdf/crrucs_objective_hope.pdf (accessed September 6, 2012).

⁷⁹ Christopher G. Ellison, “Race, Religious Involvement, and Depressive Symptomatology in a Southeastern U.S. Community,” Social Science and Medicine 40, no. 11 (June 1995): 1561-1572.

Religious practice correlates with reduced incidence of suicide, as demonstrated by 87 percent of the studies reviewed in a 2002 meta-analysis.⁸¹ By contrast, a lack of religious affiliation correlates with an increased risk of suicide.⁸²

Addictive Behaviors

While a strong family remains the best defense against the negative effects of pornography, it is even more effective when coupled with religious worship.⁸³
There is a negative correlation between weekly religious participation and the habits of smoking and drinking.⁸⁴
Religious activity reduces cigarette consumption among the elderly.⁸⁵
There is a high correlation between religious involvement and reduced likelihood to consume alcohol.⁸⁶ This remains true even if a religion does not specifically prohibit consuming alcohol.⁸⁷
Adolescents,⁸⁸ psychiatric patients,⁸⁹ and recovering alcohol addicts⁹⁰ all show lower rates of alcohol abuse as they engage more frequently in religious activities.

⁸⁰ Loyd S. Wright, Christopher J. Frost, and Stephen J. Wisecarver, “Church Attendance, Meaningfulness of Religion, and Depressive Symptomatology Among Adolescents,” Journal of Youth and Adolescence 22, no. 5 (October 1993): 559-568.

⁸¹ Manhattan Institute for Policy Research, Center for Research on Religion and Urban Civil Society, Objective Hope—Assessing the Effectiveness of Faith-Based Organizations: A Systematic Review of the Literature, by Byron R. Johnson, Ralph Brett Tompkins, and Derek Webb (2002). www.manhattaninstitute.org/pdf/crrucs_objective_hope.pdf (accessed September 6, 2012).

⁸² Frank Tovato, “Domestic/Religious Individualism and Youth Suicide in Canada,” Family Perspective 24, no. 1 (1990): 69-81.

⁸³ Marriage and Religion Research Institute, Quality of Parent-Child Relationship, Religious Attendance, and Family Structure, by Nicholas Zill, Mapping America 48 (2009). http://www.frc.org/mappingamerica/mapping-america-48-quality-of-parent-child-relationship-religious-attendance-and-family-structure (accessed September 6, 2012). See also Mapping America publications on U.S. patterns of viewing x-rated movies (Mapping America 37-39) and adultery (Mapping America 73-75), http://www.mappingamericaproject.org.

⁸⁴ William J. Strawbridge, Sarah J. Shema, Richard D. Cohen, and George A. Kaplan, “Religious Attendance Increases Survival by Improving and Maintaining Good Health Behaviors, Mental Health, and Social Relationships,” Annals of Behavioral Medicine 23, no. 1 (2001): 68-74.

⁸⁵ Harold G. Koenig, Linda K. George, Harvey J. Cohen, Judith C. Hays, David B. Larson, and Dan G. Blazer, “The Relationship Between Religious Activities and Cigarette Smoking in Older Adults,” Journals of Gerontology: Medical Sciences 53A, issue 6 (November 1998): M426-M434.

⁸⁶ Deborah Hasin, Jean Endicott, and Collins Lewis, “Alcohol and Drug Abuse in Patients with Affective Syndrome,” Comprehensive Psychiatry 26, issue 3 (May-June 1985): 283-295.

Achaempong Y. Amoeateng and Stephen J. Bahr, “Religion, Family, and Drug Abuse,” Sociological Perspectives 29 (1986): 53-73.

John K. Cochran, Leonard Beghley, and E. Wilbur Block, “Religiosity and Alcohol Behavior: An Exploration of Reference Group Therapy,” Sociological Forum 3, no. 2 (Spring 1988): 256-276.

⁸⁷ Achaempong Y. Amoeateng and Stephen J. Bahr, “Religion, Family, and Drug Abuse,” Sociological Perspectives 29 (1986): 53-73.

John K. Cochran, Leonard Beghley, and E. Wilbur Block, “Religiosity and Alcohol Behavior: An Exploration of Reference Group Therapy,” Sociological Forum 3, no. 2 (Spring 1988): 256-276.

⁸⁸ Marvin D. Free, Jr., “Religiosity, Religious Conservatism, Bonds to School, and Juvenile Delinquency Among Three Categories of Drug Users,” Deviant Behavior 15, no. 2 (1994) 151-170.

⁸⁹ David A. Brizer, “Religiosity and Drug Abuse Among Psychiatric Inpatients,” American Journal of Drug and Alcohol Abuse 19, no. 3 (September 1993): 337-345.

Higher levels of maternal religious practice are related to significantly lower rates of alcohol abuse among adolescents, even after controlling for religious denomination and adolescents’ peer associations—two factors that also influence their level of drinking.⁹¹
Religious involvement is associated with less drug abuse and makes one less likely to develop long-term addiction problems.⁹²
The more dangerous the drug, the more religious practice deters its use, amplifying the already positive, deterrent effects of strong family relations, strong school achievement, and positive peer influences.⁹³
Reasons for Religion: Society

Social Effects

Metropolitan areas with high rates of congregational membership and areas with high levels of religious homogeneity tend to have lower homicide and suicide rates than other metropolitan areas.⁹⁴
States with more religious populations tend to have fewer homicides and fewer suicides.⁹⁵
Religious attendance is associated with direct decreases in both minor and major forms of crime and deviance, to an extent unrivalled by government welfare programs.⁹⁶
There is a 57 percent decrease in likelihood to deal drugs and a 39 percent decrease in likelihood to commit a crime among the young, black inner city population if they attend religious services regularly.⁹⁷
In a major national survey of adolescents, a 6 percent reduction in delinquency was associated with a one-point increase on an index that combined adolescents’ frequency of religious attendance with their rating of religion’s importance.⁹⁸

⁹⁰ Stephanie Carroll, “Spirituality and Purpose in Life in Alcoholism Recovery,” Journal of Studies on Alcohol 54, no. 3 (May 1993): 297-301.

⁹¹ Vangie A. Foshee and Bryan R. Hollinger, “Maternal Religiosity, Adolescent Social Bonding, and Adolescent Alcohol Use,” Journal of Early Adolescence 16, no. 4 (November 1996): 451-468.

⁹² Manhattan Institute for Policy Research, Center for Research on Religion and Urban Civil Society, Objective Hope—Assessing the Effectiveness of Faith-Based Organizations: A Systematic Review of the Literature, by Byron R. Johnson, Ralph Brett Tompkins, and Derek Webb (2002). www.manhattaninstitute.org/pdf/crrucs_objective_hope.pdf (accessed September 6, 2012).

⁹³ Edward M. Adlaf, “Drug Use and Religious Affiliation: Feelings and Behavior,” British Journal of Addiction 80, no. 2 (June 1985): 163-171.

⁹⁴ Robert A. Hummer, Christopher G. Ellison, Richard G. Rogers, Benjamin E. Moulton, and Ron R. Romero, “Religious Involvement and Adult Mortality in the United States: Review and Perspective,” Southern Medical Journal 97, no. 12 (December 2004): 1224-1225.

⁹⁵ David Lester, “Religiosity and Personal Violence: A Regional Analysis of Suicide and Homicide Rates,” The Journal of Social Psychology 127, no. 6 (December 1987): 685-686.

⁹⁶ Byron R. Johnson, David B. Larson, Spencer De Li, and Sung Joon Jang, “Escaping from the Crime of Inner Cities: Church Attendance and Religious Salience Among Disadvantaged Youth,” Justice Quarterly 17, no. 2 (June 2000): 377-339.

⁹⁷ Byron R. Johnson, David B. Larson, Spencer De Li, and Sung Joon Jang, “Escaping from the Crime of Inner Cities: Church Attendance and Religious Salience Among Disadvantaged Youth,” Justice Quarterly 17, no. 2 (June 2000): 377-339.

Each unit increase in a mother’s religious practice is associated with a 9 percent decline in her child’s delinquency. The adolescents at lowest risk for delinquency typically have highly religious mothers and are themselves highly religious.⁹⁹
Children who attend religious services at least weekly are more likely to have positive social development than those who never attend religious services.¹⁰⁰

Charitable Giving

Religious practice positively affects compassion, regardless of political perspective.¹⁰¹
Compared with religiously unaffiliated peers, religious individuals are 15 percent more likely to report having tender, concerned feelings for the disadvantaged. This gap is reduced by only 2 percent when the effects of education, income, marital status, sex, race, and age are taken into account.¹⁰²
Religious individuals are 40 percent more likely than their secular counterparts to give money to charities.¹⁰³
Among those who feel compassion for the disadvantaged, religious respondents are 23 percentage points more likely to donate to charities at least yearly and 32 percentage points more likely to donate monthly than are their secular counterparts.¹⁰⁴
Individuals with a religious affiliation are 30 percent more likely to donate to organizations assisting the poor, compared to their secular counterparts.¹⁰⁵
Compared to their secular counterparts, religious individuals are more than twice as likely to volunteer.¹⁰⁶ They are 34 percentage points more likely to volunteer at least yearly and 22 percentage points more likely to volunteer monthly.¹⁰⁷

The Centrality of Religion in American History

The Founding Fathers, without the benefit of modern social science but with knowledge of history, keen observation, and sharp intellect, all saw religion’s essential role in the functioning of the state. John Adams, second president of the United States and co-

⁹⁸ Lisa D. Pearce and Dana L. Haynie, “Intergenerational Religious Dynamics and Adolescent Delinquency,” Social Forces 82, no. 4 (June 2004): 1553-1572.

⁹⁹ Lisa D. Pearce and Dana L. Haynie, “Intergenerational Religious Dynamics and Adolescent Delinquency,” Social Forces 82, no. 4 (June 2004): 1553-1572.

100 Marriage and Religion Research Institute, Children’s Positive Social Development and Religious Attendance, by Nicholas Zill and Patrick Fagan, Mapping America 58. http://www.frc.org/mappingamerica/mapping-america-58-childrens-positive-social-development-and-religious-attendance (accessed July 26, 2012).

101 Arthur C. Brooks, “Compassion, Religion, and Politics,” The Public Interest (Fall 2004): 57-66.

102 Arthur C. Brooks, “Compassion, Religion, and Politics,” The Public Interest (Fall 2004): 57-66.

103 Arthur C. Brooks, “Compassion, Religion, and Politics,” The Public Interest (Fall 2004): 57-66.

104 Arthur C. Brooks, “Compassion, Religion, and Politics,” The Public Interest (Fall 2004): 57-66.

105 Mark D. Regnerus, Christian Smith, and David Sikkink, “Who Gives to the Poor? The Influence of Religious Tradition and Political Location on the Personal Generosity of Americans Toward the Poor,” Journal for the Scientific Study of Religion 37, no. 3 (September 1998): 481-493.

106 Arthur C. Brooks, “Compassion, Religion, and Politics,” The Public Interest (Fall 2004): 57-66.

107 Arthur C. Brooks, “Compassion, Religion, and Politics,” The Public Interest (Fall 2004): 57-66.

author of the Federalist Papers, recognized that “[o]ur Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”¹⁰⁸

Thomas Jefferson, keen defender of religious freedom for all—believers and non-believers alike—made clear in the Virginia Statute for Religious Freedom (January 16, 1786) that religious convictions should not be forcibly taken from nor thrust upon individuals:

We, the General Assembly of Virginia do enact that no man shall be compelled to frequent or support any religious worship, place or ministry whatsoever, nor shall be enforced, restrained, molested, or burdened in his body or goods, nor shall otherwise suffer, on account of his religious opinions or belief: but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge or affect their civil capacities.”¹⁰⁹

George Washington summarized the importance of religion for the prosperity of the new nation with particular eloquence in his farewell address:

Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism who should labor to subvert these great pillars of human happiness—these firmest props of the duties of men and citizens. The mere politician, equally with the pious man ought to respect and to cherish them. A volume could not trace all their connections with private and public felicity. . . .’Tis substantially true that virtue or morality is a necessary spring of popular government.¹¹⁰

The morality to which Washington referred is inculcated largely through religious practice.

Conclusion

To those who believe in God, it is no surprise that aligning one’s life with His will helps people to more fully express their nature and achieve happiness. To those who do not believe in God but do place faith in scientific investigation, the data indicate that behaving religiously has benefits for individuals and society that must be factored into public discourse, with due deference to the common good done.

The Founding Fathers would have concurred, from Washington and Adams through to Jefferson, Hamilton, and Franklin. The Republic not only benefits from the practice of the worship of God; it may even depend on it.

108 Henry Steele Commager, ed., Documents of American History, 9th ed. (NJ: Prentice Hall, 1973), 175.

109 Henry Steele Commager, ed., Documents of American History, 9th ed. (NJ: Prentice Hall, 1973), 175.

110 George Washington, Farewell Address, September 19, 1796, in George Washington: A Collection, ed. W.B. Allen (Indianapolis, Ind.: Liberty Classics, 1988), 521.

95 Reasons

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95 Social Science Reasons

for Religious Worship and Practice

Pat Fagan

October 16, 2012

Introduction

Reasons for Religion: Family

Marriage

Numerous sociological studies have shown that valuing religion and regularly practicing it are associated with greater marital stability, higher levels of marital satisfaction, and an increased inclination to marry.¹
Religious attendance is the most important predictor of marital stability,² confirming even studies conducted over 50 years ago.³
Couples who acknowledged a divine purpose in their marriage were more likely to collaborate, to have greater marital adjustment, and to perceive more benefits from marriage.⁴
These same couples also said that they were less likely to use aggression or to come to a stalemate in their disagreements.⁵
Couples whose marriages lasted 30 years or more reported that their faith helped them to deal with difficult times, was a source of moral guidance in making decisions and dealing with conflict, and encouraged them to maintain their commitment to their marriages.⁶
The more frequently husbands attended religious services, the happier their wives said they were with the level of affection and understanding they received and the amount of time their husbands spent with them.⁷
Sixty percent who attended religious services at least monthly perceived their marriages as “very satisfactory,” compared with 43 percent of those who attended religious services less often.⁸
Compared with peers who attend religious services several times a week, young women who never attend are seven times more likely to cohabit. Women who attend weekly are one third less likely to cohabit than those who attend less than once a month.⁹

² David B. Larson, Susan S. Larson, and John Gartner, “Families, Relationships and Health,” in Behavior and Medicine, ed. Danny Wedding (St. Louis: Mosby Year Book, Inc., 1990), 135-147.

³ Lee G. Burchinal, “Marital Satisfaction and Religious Behavior,” American Sociological Review 22, no. 3 (June 1957): 306-310.

⁶ Linda C. Robinson, “Marital Strengths in Enduring Marriages,” Family Relations 42, no. 1 (1993): 38-45.

⁷ W. Bradford Wilcox, Soft Patriarchs, New Men: How Christianity Shapes Fathers and Husbands (Chicago: University of Chicago Press, 2004), 186.

⁸ Howard M. Bahr and Bruce A. Chadwick, “Religion and Family in Middleton, USA,” Journal of Marriage and Family 47 (May 1985): 407-414.

⁹ Arland Thornton, W.G. Axinn, and D.H. Hill, “Reciprocal Effects of Religiosity, Cohabitation, and Marriage,” American Journal of Sociology 98, no. 3 (November 1992): 628-651.

Similarly, churchgoing adults tend to cease regular religious practice when they begin to cohabit.¹⁰
Those who attended religious services infrequently as adolescents and considered religion to be of low importance are more likely to cohabit as young adults.¹¹
Children whose mothers frequently attended religious services are 50 percent less likely to cohabit than their peers whose mothers were not actively religious.¹²

Parenting

Parents who attend religious services are more likely to enjoy a better relationship with their children¹³ and to be more involved in their children’s education.¹⁴
The greater a child’s religious involvement, the more likely both the child and parent will agree about the quality of their relationship,¹⁵ the more similar their values will be, and the greater their emotional closeness will be.¹⁶
A child’s religious involvement is highly correlated to emotional closeness with his or her parents.¹⁷
Mothers who became more religious throughout the first 18 years of their child’s life reported a better relationship with their children, regardless of the level of their religious practice before the children were born.¹⁸
When 18-year-olds attended religious services with approximately the same frequency as their mothers, the mothers reported significantly better relationships with their children, even many years later, indicating that the effects of similar religious practice endure.¹⁹