Guidelines on Religious Expression and Religious Activities

In the past, agencies and the courts sought to prevent the diversion of government funds from social services to religious activities by excluding religious organizations that were regarded as pervasively sectarian and thus “too religious” to be able to follow the rules.  Such exclusion is no longer accepted by the federal courts or under Charitable Choice and the Equal Treatment standards.  Instead, these standards provide that every kind of faith-based organization is eligible to participate, while setting out rules for religious expression and religious activities.  When the government “directly” funds a faith-based organization by awarding it a grant or contract, then inherently religious activities have to be kept separate, in place or time, from the government-funded social services. (The rule is different for “indirect” government funding, such as vouchers.)

To review guidelines on religion in directly funded services, visit the Religious Activities and Expression page and download a handout. 

Officials must be certain to communicate these restrictions to applicants and to awardees. It is insufficient to list the applicable regulations; officials should discuss the rules with private providers and must monitor them for compliance.  Note that the restrictions on religious activities and religious expression apply equally to secular organizations as to faith-based organizations.

While it is important to be clear about applicable religious restrictions, officials should be careful not to imply any denigration of religious motivation, activities, or organizations.  Much community service and volunteering in our society is motivated by religion or takes place through religious organizations.  Moreover, religious practices and beliefs are specifically protected under the federal and state constitutions.  The restrictions on religious expression and religious activities does not imply the illegitimacy of religion but stem instead from the need for care and protections when the government directly supports a social service provided by a religious organization.