Widespread Religious Discrimination in State Programs Uncovered Despite Supreme Court Rulings

Report Recommends Legislative Change, Nonenforcement and Legal Action to Address Unconstitutional Restrictions on Religious Organizations

Despite recent Supreme Court decisions clarifying that religious organizations cannot be excluded from public programs open to other private institutions, a new report uncovers widespread religious discrimination in state programs across various sectors.
The report identifies numerous constitutionally problematic restrictions on religious organizations in areas such as K-12 education programs, Pre-K programs, higher education programs, healthcare and social services, public finance and community development, charitable giving, and historic preservation.
The authors recommend three avenues for reform: legislative change, nonenforcement and attorneys general opinions, and litigation.
States can adopt legislation which either clarifies that all programs must comply with the First Amendment or excises specific discriminatory restrictions.
State executives can refuse to enforce existing discriminatory restrictions, and attorneys general can issue opinions explaining the unconstitutionality of these restrictions.