The State of the Law 2006: Legal Developments Affecting Government Partnerships with Faith-Based Organizations
Document Type: Report
The Bush Administration´s
Faith-Based and Community Initiative continued this year to face legal
challenges that test its potential reach. Among the most significant cases in
2006 were those concerning prison programs, government chaplaincies, and grants
to help faith-based organizations increase their ability to win government
contracts, according to the Roundtable on Religion and Social Welfare Policy´s
annual "State of the Law" report.
Major controversies over
the Initiative and related church-state issues involved both matters of legal
procedure and substantive decisions handed down by judges, say George Washington
University Law Professors Ira C. Lupu and Robert W. Tuttle, co-directors of
legal research for the Roundtable and authors of the report.
"This year´s most
prominent developments provide a rich mix of procedural concerns, both
administrative and judicial, and substantive outcomes," Lupu and Tuttle state in
the report. "(P)rocess and substance interact in ways that profoundly shape the
legal milieu in which the Faith- Based and Community Initiative proceeds."
The report breaks down the
most significant legal developments affecting the federal initiative into five
main categories: guidance to faith-based organizations on how to work legally
with the government; government grants to increase faith-based organizations´
capacity; faith-based programs in prisons; government chaplaincies; and the
structure of lawsuits based on the U.S. Constitution´s Establishment Clause. The
report also considers court decisions in Florida and Georgia that may influence
policy toward faith-based organizations in those states.
Publisher: The Roundtable on Religion and Social Welfare Policy
Publication Date: 12/05/2006
Number of Pages: 116