Religious organizations' religious discrimination andgovernment funding

[Douglas Laycock]

         And for the same reason, it is not a neutral and generally 
applicable rule under Smith and Lukumi.  It is a facially religious rule, 
and when it is applied to burden a religious practice, it triggers strict 
scrutiny.



At 01:21 PM 9/23/2004, Rick Duncan wrote:
>The requirement isn't uniform among viewpoints.
>Religious organizations may not discriminate against
>members who do not subscribe the group's  religious
>viewpoints, but secular organizations may discriminate
>against members who don't subscribe to their secular
>viewpoints.
>
>For example, BALSA can reject leaders who don't
>subscribe to its views about racial equality, but the
>CLS can not reject members who don't subscribe to its
>views about Christianity. In other words, the policy
>does not treat all viewpoints the same in terms of
>whether groups can insist that members must subcribe
>to their viewpoints. This should be treated as
>viewpoint discrimination by the university under
>Rosenberger and Widmar.
>
>Rick Duncan
>
>
>
>



Douglas Laycock
University of Texas Law School
727 E. Dean Keeton St.
Austin, TX  78705
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         512-471-6988 (fax)
         dlaycock at mail.law.utexas.edu