In the meantime….
While the network news and blogosphere are exploding over Miers, the administration won a major case today in its faith-based initiative: Lown v Salvation Army. Anyone read this sucker yet? The religious discrimination exemption is certainly sound. Sure when it comes to religious activity you can’t force the Catholic Church to hire a Jew or Muslim as a priest. But what about charitable social services aligned with religious groups that receive government money? Lown seems to indicate that religious preferences in hiring is allowed when it comes to non-religious charitable services (for say a counselor). This seems to be somewhat questionable but the federal courts have been moving in this direction for quite some time now and Lown seems to be the final confirmation.
My concern is the extent to which faith based charities self-police (or don’t self police) when it comes to infusing charitable activities with religious proselytizing. The vast majority do really quite well - but I have heard the horror stories from credible sources too. It seems like Lown is also carving out a test in which certain govt funded activities are not permissible. I believe this line of cases - as they develop - will have major implications for public policy as they are resolved. Just as much if not more so than the sexier, more high profile first amendment cases like ten commandments, “Under God” and so on.
The Comments
Steve October 5, 2005 at 12:26am
Wow. Just read the article and downloaded the opinion for reading tomorrow.
Mr. T October 5, 2005 at 7:45pm
Someone pointed out to me today that the link to the article I posted contained a typo: “Salivation Army.” These guys Tuttle and Lupu seriously know their religious clause stuff though, esp. on the Faith Based Iniative and non-religious social services. So despite a somewhat strange typo on the link I provided, I think its a good site loaded with great information and analysis.