Does Charitable Choice violate the Establishment Clause of the U.S. Constitution?
Yes. Religiously affiliated organizations have a long history of partnering with the government to provide services to those most in need. Importantly, however, those organizations that have worked with the government did not discriminate in their employment when using public funds, and did not proselytize to beneficiaries who participate in publicly funded programs. As demonstrated by these successful partnerships between religiously affiliated organizations and the government, religiously affiliated organizations do not need the drastic constitutionally suspect exemptions provided under Charitable Choice to successfully administer a government grant. Rather, Charitable Choice seeks to allow “pervasively sectarian” organizations to participate in government grant programs. Historically, the Supreme Court has generally forbidden government assistance, in the form of a direct funds, to flow to “pervasively sectarian” organizations on Constitutional grounds. In various cases, the Supreme
