Georgia Lawsuit with Charitable Choice Implications

[Lupu, Ira (Chip)]

The issues are pretty clearly drawn here -- the left and the right
believe that the Constitution controls the question of employment
discrimination by entities receiving government transfers.  I think
that the matter is almost entirely one of legislative discretion, which
can be exercised to impose or not impose such conditions.
One more question for Rick -- would the Christian school in his
hypo have the same right to exclude Jews, or other non-Christians,
as it does to exclude openly gay people from its staff ?  (I'm
assuming here an explicit condition, prohibiting such discrimination
by schools that accept the state benefit.)  If the school's identity is
about Christian morality (not just morality), it's difficult to see why
not.   (The Georgia case involves admitted discrimination against a
Jewish psychotherapist, as well as alleged discrimination against a
youth counselor who is tolerant of gay and lesbian orientation, but
it does not involve a statutory restriction on either form of
discrimination.)


Ira C. ("Chip") Lupu
The George Washington University School of Law
2000 H St., NW
Washington D.C 20052

(202) 994-7053

ICLUPU at main.nlc.gwu.edu