An Overview of Section 104 - General Principles

1. In seeking to help the needy, government may and should involve nongovernmental
organizations. Government is not the only source of services for the public. Civil society is
comprised of many independent organizations, including secular and religious nonprofit
organizations, that serve public purposes. Today, as well as in the past, a large part of the
independent sector consists of faith-based charities and congregations that operate programs of
service to the poor. Government should support the efforts of such nongovernmental organizations,
which are close to those needing help and able to provide assistance that is personal, morally
grounded, efficient, and successful. As long as the nongovernmental organizations further public
purposes of fighting poverty, government violates no constitutional rule by including faith-based
providers in the mix of independent-sector organizations that collaborate with its programs.

2. When government arranges payment to nongovernmental organizations for the provision of
services to the needy, such providers do not thereby become "beneficiaries" of "governmental
assistance." Rather, it is the poor and needy whom they serve who are the beneficiaries of the
governmental assistance. Government's intention, and its chief effect, in involving faith-based as
well as nonreligious charities in its welfare programs, is to more effectively and efficiently help
those in need.

3. Government is constitutionally required not to "establish" any church or faith. It must not take the
side of any one of the many faiths of its citizens. However, the establishment clause of the First
Amendment does not require, and has not been interpreted by the Supreme Court to mean, that
faith-based social-service organizations must censor their religious expression or give up their
religious identity in order to take part in government programs. Indeed, the First Amendment
secures the right of religious expression, which may not be subjected to discriminatory treatment
by government. Thus, so long as a welfare program has as its object the public purpose of
society's betterment, and so long as the program is equally open to all providers, faith-based and
nonreligious, then the constitutional requirement that the law be neutral is fully satisfied.

4. In addition to protecting the religious character of providers of services, the First Amendment
protects the religious liberties of beneficiaries of such services. Beneficiaries may not be
compelled to turn to faith-based providers in order to receive authorized services. To protect
beneficiaries, the government should provide an alternative for those who object to faith-based
providers.