Protecting Religious Organizations from Discrimination

Exposing discriminatory laws and regulations to prevent the exclusion of religious organizations and activities from public programs.

Protecting Religious Organizations from Discrimination

Exposing discriminatory laws and regulations to prevent the exclusion of religious organizations and activities from public programs.

Statutes
Regulations
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4+ million Students, in 25000 Nonpublic Schools Affected

The goal of this project is to identify discriminatory laws and regulations to prevent the wrongful exclusion of religious organizations and activities from public programs

The First Amendment’s Free Exercise Clause prevents the government from discriminating against people and groups because of their religious character, commitments, and conduct. The Supreme Court has repeatedly held that all private groups must be allowed fair access to government programs to support common public goals—such as education, poverty alleviation, or healthcare. The government may not discriminate against religious organizations or force them to secularize to participate in programs.

News and Commentary

Get the latest news and legal commentary

Legal Commentary

Nicole Stelle Garnett, Tim Rosenberger, Theo Austin, States Discriminate Against Faith-Based Preschools, City Journal, February 14, 2025

Nicole Stelle Garnett and John Meiser, Trump Can End Religious Discrimination, Wall Street Journal, November 21, 2024

The Authors

This is a joint project of EPIC Coalition, a multifaith coalition focused on education, Teach Coalition, The Notre Dame Religious Liberty Clinic and the Notre Dame Education Law Project.

Nicole Stelle Garnett

John P. Murphy Foundation Professor,
Notre Dame Law School

Michael (Avi) Helfand

Senior Legal Advisor,
Teach Coalition.

John Meiser

Associate Clinical Professor,
Notre Dame Law School

The Notre Dame Education Law Project
The Notre Dame Religious Liberty Clinic
Teach Coalition
EPIC COALITION

What's this All About?

For over a century, it has been fashionable for government programs to exclude or limit participation by religious institutions. Even when permitted to participate, religious institutions are regularly forced to curtail their activities in order to receive government funding for their charitable healthcare, education and other social services.

Recent Supreme Court rulings have determined that discrimination against religious institutions violates the First Amendment. Yet there are still hundreds of laws and regulations on the books that do so.

The purpose of this website is to help researchers, advocates, and policymakers identify state laws that still violate this bedrock rule.  It documents laws that deny religious believers or religious organizations the right to participate in public programs, and which may be unconstitutional as a result.  Although we do not express a view on the ultimate constitutionality of any particular law, we hope this repository may be the first step towards identifying — and finally changing — those that do violate the basic First Amendment rights.

Why Does it Matter?

When it comes to funding, religion isn’t entitled to more than others, but it also isn’t required to have less. Instead, the goal of this project is to ensure that religious individuals and organizations receive the same government benefits as everyone, irrespective of their faith commitments, so that they can participate fully — just like everyone else — in society.

Excluding religious institutions from government programs isn’t just unfair – it denies the neediest citizens access to the full range services these organizations offer. It means that:

  • Legislators cannot fund an at-risk youth facility simply because it was founded by a religious organization.
  • Parents of a special needs child must choose between either meeting the child’s needs in a secular school or passing on their tradition in a Jewish school.
  • A high quality Muslim preschool cannot afford to accept students who need state aid to afford tuition.