Lupu & Tuttle on the Notre Dame / Americorps Case

Two of our best law-and-religion scholars -- Professors Lupu and Tuttle -- have posted a helpful analysis of the recent decision in American Jewish Congress v. Corporation for National and Community Service. That case involves Notre Dame's "A.C.E." (Alliance for Catholic Education) program, and about the participation of "A.C.E." volunteers in the federal Americorps program.

In a nutshell:

The case raises two constitutional questions of great importance for the Faith-Based Initiative. First, under what conditions will a method of public finance be deemed "indirect,” and thus permit the organization receiving the funds to intermingle religious and secular services? Second, when may an individual whose position is financed by the government, and who performs secular services in that position, also perform religious functions in a role closely connected to the government-funded position? Judge Kessler answered these two questions in ways that impose much greater restrictions on public financing of religious organizations than those found in current federal policies.

Well worth reading.

Rick