§290kk–1 Religious Organizations as Program Participants

Summary

Religious groups may get federal program money and give services the same way any other nonprofit group can. The goal is to let faith-based groups take part without changing their religious character or cutting back the religious freedom of people who use the programs. They can be treated the same as other nonprofits as long as the programs follow the First Amendment’s Establishment and Free Exercise Clauses. Governments may not refuse or punish a group just because it has a religious character. A religious group that takes part keeps control over its beliefs and practices. The government cannot force it to change its internal rules or remove religious art, icons, scripture, or symbols to join a program. Existing employment laws still apply, and the group’s employment exemption under section 2000e–1 is not lost by taking funds. If a client objects to a provider’s religious character, the provider must quickly refer the client to an accessible alternative that can offer services of equal value, and tell the agency about the referral. Agencies and providers must tell clients about these rights and help them contact alternatives. Religious providers must not discriminate against clients for their religion. They must account for federal funds like other recipients, keep federal money in a separate account, and only that federal money is audited. A religious group can seek court review of agency actions under the usual administrative review rules.