kengr: (Brain)
[personal profile] kengr
Does receiving federal money place someone in a position of "public Trust under the United States".
If so, how can that be squared with Article 6, clause 3 of the US Constitution...

". . . but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."

Discuss.

Date: 2004-03-30 07:53 pm (UTC)
From: [identity profile] tsjafo.livejournal.com
Public funds for religious charities, with the sole exception of reimbursement, make me uncomfortable.

Date: 2004-03-31 04:43 am (UTC)
From: [identity profile] aurictech.livejournal.com
While I am not a specialist in constitutional law, I would expect that the intent of this clause is to prevent the government from requiring that an office-seeker belong to a specific religion (or any religion at all). Thus, anyone, from Agnostics to Zoroastrians, may seek public office without being disqualified for not belonging to the "right faith."

Indeed, it could be argued that prohibiting faith-based charitable organizations, solely on the basis of their religious ties, from receiving funds for which they would otherwise be eligible is more of a violation of this clause than granting such funds. After all, might not a requirement that an organization be explicitly non-religious be construed as a "religious Test"?

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