The Freedom of Faith-Based Organizations to Staff on a Religious Basis

Abstract

This work gives book-length treatment to a timely and pressing issue-the right of religious organizations receiving government funds to discriminate on of religion in employment. Aimed principally at faith-based organizations and government officials, this book makes case for that right while simultaneously explaining current arrangement in simple terms. Ultimately, it is a well organized, straightforward, and largely persuasive defense of religious staffing as a matter of both law and policy. Although book at times dangerously overstates legal merits of its case, it is quite significant and will certainly be influential. The book begins with a brief overview. Under laws collectively known as charitable choice, religious organizations can now directly seek federal funds to perform social-service work. In federal grant programs where charitable choice applies, religious organizations are entitled to for government funding on same basis (18) as other organizations. Merely allowing religious groups to compete for these funds has been quite contentious. The heart of controversy, however, now centers around one particular aspect of charitable choice-the fact that religious organizations are permitted to discriminate on of religion in employing to work in their programs that receive federal funds. Some see this as merely allowing religious groups to staff on a religious basis; (22) others see it as authorizing government-funded discrimination. (22) The largest part of book is devoted to defending constitutionality of religious-staffing exemption in charitable choice. Religious organizations, authors note, have been exempt from employment discrimination laws as long as latter have existed. Whether phrased as separating church and state, (28) or taking the political hands of Caesar off institutions of God, (27) exemption enjoys widespread support. Given that premise, authors argue, addition of government funds should not change calculus. Supreme Court cases make it clear that accepting government funds does not turn faith-based providers into 'public' social-service agencies (35)