Faith Based Discrimination And Federal Funding
The NYTimes writes
While Mr. Obama opposes requiring religious tests for recipients of aid or use of federal money to proselytize, The Associated Press reported that he supports letting religious institutions -- in the non-federally funded parts of their activities -- hire and fire based on faith, according to a senior adviser to the campaign who the news agency said spoke on condition of anonymity.
While that notion appeared controversial, it seems to find support in a 2000 case involving the Boy Scouts of America. The Supreme Court ruled that the group, as a private organization, had a First Amendment right to set its membership rules.
(Emphasis supplied.) The bolded portion of the excerpt is simply incorrect. The Boy Scouts case (the Dale case) is not relevant to federal funding of organizations. As Chief Justice John Roberts explained in his decision in Rumsfeld v. Forum For Academic And Institutional Rights, Inc., which I discussed in this post, Dale is inapposite to cases involving the Spending Power:
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