strings on grants -Reply

[Brad Jacob]

Isn't this what the Grove City College case was about?  Although the
federal grant in question was indirect, in the form of student aid,
the Court held that receipt of such money would subject the College to
federal regulation.
Brad

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Bradley P. Jacob, Esquire
Director of Academic Planning
Home School Legal Defense Association
17333 Pickwick Drive                        Voice 540-338-5600
Purcellville, VA 20132                          Fax 540-338-9333
Email: brad at hslda.org
Patrick Henry College email: phc at hslda.org

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>>> Michael McConnell <Mcconnellm at LAW.UTAH.EDU> 08/07/98 11:14am >>>
One of the more troubling aspects of including religious institutions
in government funding programs (whether direct or through
voucher-type arrangements) is the prospect that they will have to
comply with sundry government regulations that come as strings to the
aid.

But in looking for cases illustrating this point, I pretty much draw
a blank (outside of Bob Jones, which is an extreme case and may not
be typical). Can anyone cite me to cases in which the government
seeks to enforce a grant limitation over the objections of a
religious grantee, where it is pretty clear that the state would not
be permitted to impose the limitation in the absence of the grant? (I
would prefer examples other than limitations imposed in the name of
the Establishment Clause.)
-- Michael McConnell (U of Utah)