An Overview of Section 104 - Basic Rules

In order to fulfill these general guidelines for expanding the involvement of faith-based and
nonreligious organizations in the provision of social services, Section 104 sets down four practical
rules of law:

1. If a state elects to involve independent-sector providers in the delivery of social services, then it
may not exclude providers because of their religious character.

2. If a faith-based organization is selected as a provider of government-financed social services, its
religious expression and identity may not be censored or otherwise diminished on account of its
participation in the welfare program.

3. A faith-based provider may not discriminate against a beneficiary on the basis of religion nor
require the beneficiary to actively participate in religious practices.

4. If a beneficiary objects to receiving social services from a faith-based provider, then he or she
has a right to obtain services from another provider.