EC & Compelling Interest

[ArtSpitzer at aol.com]

It seems to me that if a state says, "we'll give grants to any social service 
agency that operates a 24/7 pregnancy prevention hotline," and denomination X 
says "we'd like a grant, but our faith forbids us from operating anything on 
the sabbath," and the state says "too bad, then," that's not what the 
Constitution forbids as "denominational discrimination."   Some denominations just 
can't qualify for the terms of the grant.   I don't know the Colorado Christian 
University case but it sounds like the same sort of thing.

Art Spitzer


In a message dated 7/23/07 10:54:49 PM, nebraskalawprof at yahoo.com writes:


> Okay, Doug, then how do you decide the Colorado Christian University case 
> in which the state has engaged in denominational discrimination against 
> pervasively sectarian schools, but claims to have a state anti-establishment 
> compelling interest (in not funding sectarian schools) that trumps the federal EC 
> violation?
>   
>  Is this a case in which the state compelling interest in not funding 
> certain religious colleges is merely a disagreement with the clearest command of 
> the federal EC prohibiting denominational discrimination?
> 
> 




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