Charitable Choice Programs and Title VII's Co-Religionist Exemption

Abstract

INTRODUCTION|Historically, social service programs have been both funded and run by federal, state, and local governments. In 1996, however, a new notion of social service programs was introduced, wherein these programs, while remaining governmentally funded, would now be privately run. Among the organizations likely to be offered an opportunity to participate in these privately run social service programs (the Faith-Based Initiative or charitable choice program) are faith-based organizations (FBOs). In his 2003 and 2004 State of the Union Addresses, President George W. Bush voiced his continued commitment to the Faith-Based Initiative. Under the President's plan, individuals seeking the benefit of social service programs would turn to private organizations rather than to the federal government for assistance. As an incentive to participation in these programs, private organizations would receive financial funding from the federal government, either in the form of direct aid, usually in the form of a social service contract or grant, or, as indirect aid, following a voucher program modeled from the school voucher programs currently utilized in several major cities throughout the country. |This Article will focus exclusively on the participation of FBOs in the Faith-Based Initiatives. Possible social service programs offered by religious institutions include rehabilitation programs (e.g., drug treatment), counseling programs (e.g., pregnancy counseling), and direct service programs (e.g., soup kitchens)....