Indirect Financing of Faith-Based Social ServicesLegal Analyses The Supreme Court's 2002 landmark decision in Zelman v. Simmons-Harris upheld the use of government vouchers to pay for private schooling, including religious schools, so long as the beneficiary exercised "genuine and independent private choice" of the school. Roundtable Legal Research Directors Ira Lupu and Robert Tuttle predicted in their analysis at the time of the Court's ruling that Zelman had opened wide the federal constitutional doors for beneficiary-choice financing of faith-based organizations. Indeed, that has proven true. In 2003, the U.S. Court of Appeals for the Seventh Circuit, in a case known as McCallum II, reaffirmed the opportunity Zelman provides for faith-based social services. And since Zelman, the Bush Administration has taken a number of steps to realize that opportunity. An executive order issued Dec. 12, 2002 - "Equal Protection of the Laws for Faith-Based and Community Organizations" -- does not refer expressly to indirect financing of social services, but recognizes the importance of such financing by confining its discussion of prohibited religious expenditures to directly financed programs. The President's State of the Union speeches in 2003 and 2004 gave prominent place to voucher-financed substance abuse treatment and other services, and many proposed and final rules from federal agencies over the last several years have recognized greater latitude for religious content in voucher-financed services. Since Zelman, legal challenges to government funding of faith-based social service programs have also frequently included debate over whether the funding was direct or indirect - and if indirect, whether it stood up to the standard of providing beneficiaries with "genuine and independent private choice." To meet that standard, beneficiaries must generally be able to choose among a menu of programs that includes secular and/or multi-faith alternatives. The Roundtable offers a host of resources analyzing and reporting on indirect financing for faith-based social services. These include: Teen Ranch, et al. v. Marianne Udow American Jewish Congress v. Corporation for National and Community Service Zelman's Future: Vouchers, Sectarian Providers, and the Next Round of Constitutional Battles News Reporting on Indirect-Financing Initiatives for Faith-Based Services Addiction Treatment Vouchers Still Valid, but States Plan for Expiration, April 10. 2007 Vouchers Among Proposals to Improve Education Law, March 20, 2007 States Peer Over Borders for Best Practices, Dec. 19, 2006 Bush Faith-Based Drug Treatment Initiative Faces Elimination by Congress, Aug. 15, 2006 Public Funding of School Vouchers Gets Boost, July 25, 2006 Budget, Religious Hiring Rights, and School Aid for Hurricane, Oct. 25, 2005 Administration Targets Faith-Based Providers for Grants, Aug. 9, 2004 Social Security Legislation Includes Use of Vouchers for Faith-Based Providers, Feb. 17, 2004 First Federal School Voucher Plan On President's Desk -- Faith-Based Schools Eligible to Participate, Jan. 26, 2004 Voucher Program for Faith-Based Drug Treatment Outlined at Congressional Hearing, Feb. 28, 2003 |
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