DOJ argues religious nonprofits should have equal access to federal funds

The Justice Department earlier this week urged the government to give religious organizations equal access to federal funding programs. Religious nonprofits should freely access funds from federal charity programs, the department said in a post Wednesday. The department’s legal counsel office argued the same in an opinion filed Tuesday. The office’s legal document is expected to serve as advice for the executive branch of the government.

What did the department’s opinion say? The First Amendment’s establishment clause does not require restrictions for doling out federal funds to religious groups, the department contended. The establishment clause was created to bar the government from favoring one religion over another. But in light of recent Supreme Court rulings, federal regulations that put use-based religious restrictions on federal funding violate the First Amendment, the department said.

What response has the opinion received? The department’s opinion cemented the legal doctrine prohibiting the government from denying funding simply because an organization is religious, the Christian advocacy organization First Liberty Institute said. Religious organizations shouldn’t have to choose between serving communities and living out their faith.

But the Freedom from Religion Foundation criticized the department’s opinion. Equal access does not mean using taxpayer dollars for religious activity, the nontheist organization said in a post.