Faith and Federalism: Do Charitable Choice Provisions Preempt State Nondiscrimination Employment Laws?
Finally, allowing states the freedom to maintain their own nondiscrimination laws will allow a grassroots response to the more controversial aspects of charitable choice. A public opinion survey indicates that a majority of Americans are receptive to the concept of religious organizations participating in government-funded social services.271 The survey also indicates, however, that Americans are concerned about specific aspects of the relationship between the government and religious organizations.272 Significantly, an overwhelming segment of the surveyed population-seventy-eight percent-objected to the idea of allowing religious organizations that receive government funds to hire only those who share their religious beliefs.273 Unfortunately, the survey did not test for differences in opinion based on geography.274 The results do demonstrate, however, that in the year 2001 there was no national consensus supporting hiring freedom for government-funded religious organizations. The leg
