Constitutionality of Charitable Choice-- Part 2

Findlaw today has posted Part 2 (see prior post for Part 1) of an article by Vikram Amar and Alan Brownstein on the constitutionality of the "Charitable Choice" bill (H.R. 27) pending in Congress. Today they focus on the provision in the bill that would permit religious organizations to discriminate on the basis of creed in hiring employees to carry out government-funded social services. They conclude that this is impermissible under the Supreme Court's 1987 decision in Corporation of Presiding Bishop v. Amos. They argue that Amos permitted religious organizations to hire on the basis of religious belief only in order to protect their religious missions; but government funding under H.R. 27 may not fund the religious mission of an organization.