Caesar's Coin: Federal Funds, Civil Rights, and Churches

18 Pages Posted: 26 Sep 2012

See all articles by Stephen L. Mikochik

Stephen L. Mikochik

Ave Maria School of Law; Temple University James E. Beasley School of Law

Date Written: September 20, 1991

Abstract

Today, freedom and equality often seem in conflict. This conflict is all the more troubling when equality and religious freedom collide, given their mutual and long-standing support. That dilemma is plainly raised by the Civil Rights Restoration Act of 1988 which Congress passed the to overturn Grove City College v. Bell. In adopting the Act, Congress defined "program" broadly, and placed most fund recipients in their entirety within the commands of Title IX and the Age Discrimination Act of 1975 which prohibit age and disability discrimination respectively, and Title VI of the Civil Rights Act of 1964," which forbids discrimination by reason of race, color, or national origin. Congress passed the Act to promote equality, but at the expense of religious freedom, since, aware that the Act would apply also to churches, Congress refused, nonetheless, to exclude them from its recipient-wide coverage. This article explores whether the balance struck is constitutional.

Keywords: religious freedom, civil rights, religious funding

Suggested Citation

Mikochik, Stephen L. and Mikochik, Stephen L., Caesar's Coin: Federal Funds, Civil Rights, and Churches (September 20, 1991). Journal of Law and Religion, Vol. 9, No. 1, 1992, Available at SSRN: https://ssrn.com/abstract=2149742

Stephen L. Mikochik (Contact Author)

Temple University James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States
215-204-8962 (Phone)
215-204-1185 (Fax)

Ave Maria School of Law ( email )

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Naples, FL 34119
United States

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