The assistant and deputy assistant attorneys general said that restrictions “trigger strict scrutiny under the Establishment Clause” of the First Amendment.
The Department of Justice Office of Legal Counsel (OLC) issued a memorandum last month to the Department of Health and Human Services Office for Civil Rights regarding the eligibility of faith-based services to receive federal funding.
The OLC found, “Federal statutory provisions and regulations that restrict federal funding based on either the religious status of a program provider or anticipated religious uses of the funds are not required under the Establishment Clause.”
The OLC Assistant Attorney General and Deputy Assistant Attorney General stated, “Faith-based organizations across the United States deliver vital charitable services—feeding the hungry, supporting families, and helping individuals overcome addiction. The federal government helps fund this work. But the Department of Health and Human Services (HHS) has identified several statutes applicable to programs and grants it administers that restrict the use of federal funds when faith-based organizations are involved, including: the Personal Responsibility and Work Opportunity Act of 1996 (PRWORA); the Public Health Service Act (PHSA); and the Child Care and Development Block Grant Act of 1990 (CCDBGA).”
“The religious restrictions in PRWORA, the PHSA, and the CCDBGA are not required by the Establishment Clause, as interpreted by reference to the historical hallmarks of a religious establishment. These restrictions also trigger strict scrutiny under the Free Exercise Clause,” the Office of Legal Counsel concluded. “Because such restrictions are not compelled by the Establishment Clause, they lack any compelling governmental interest that would allow them to survive that scrutiny. The statutory religious restrictions are therefore unconstitutional under the First Amendment.”
As the Lord Leads, Pray with Us…
- For personnel in the Department of Health and Human Services as they assess faith-based charitable services for federal funding.
- For Attorney General Blanche and officials in the Justice Department as they clarify statutes and restrictions on the free exercise of religion.
Sources: Department of Justice, PJ Media,
