4th Cir rules in Columbia Union College v. Clarke

[Robert Destro]

Alan Brownstein asks:

...  if the Free Speech Clause requires equal funding of religious colleges
under Rosenberger, does that mean that any exemptions from general
regulations provided to religious college but not secular colleges would
also constitute viewpoint discrimination? (I assume any such exemptions
would not be required by the Free Exercise Clause after Smith.)

     It would have to depend on the nature of the "general regulations." If
     the regulations are of a kind that are unrelated to the religious
     character of the organization (e.g., fire code regs), there might be a
     problem. If, however, the enforcement of the regulations would (or
     could) cause doctrinal entanglement problems (e.g., Milevojevich,
     Amos) providing an exemption would be rational, and further a
     compelling interest (avoiding doctrinal entanglement by enforcement
     agencies and courts).

     Bob Destro
     Catholic U.