FAITH-BASED INITIATIVES: CONSTITUTIONALITY AND EMPLOYMENT IMPLICATIONS

HENRY FINDLEY
EARL INGRAM
SABRENA MOTEN

---

DOI: 10.2190/KWLF-LF8A-1D4P-C9JE

Abstract

Passage of faith-based aid to religious charities appears imminent and government barriers to faith-based organizations competing for government funding have been removed by executive order. The impact of these changes should be significant because today many thousands of religious organizations exist, employing several million workers. This article reviews the constitutional and employment implications of actual and contemplated initiatives that would provide such organizations with federal aid for nonreligious activities. In general, aid to religious organizations has been deemed constitutional as long as it is appropriately tailored and the religious organization meets certain guidelines. Faith-based organizations may discriminate based on religion when selecting those involved in ministerial positions. However, with respect to other positions, they cannot discriminate based on sex, race, age, etc. unless it is consistent with their religious beliefs. Thus their "right to discriminate" may not be much greater than that allowed to nonfaith-based organizations.

---

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.