All religious and religious-affiliated nonprofit organizations are treated the same and are excluded. On its face, this exclusion does not appear to be based upon any hostility toward religion, but rather can be characterized as an attempt to avoid an excessive entanglement or improper affiliation with religion.... [T]he pending legislation mandates numerous requirements applicable to the “nonprofit partners”.... These on-going requirements could be construed as being an excessive entanglement or improper affiliation between the Department of Safety and Homeland Security and a religious or religious-affiliated organization....[Thanks to Eugene Volokh via Religionlaw for the lead.]
Sunday, March 18, 2012
Tennessee AG OKs Excluding Religious Groups From Partnering With Homeland Security Department
The Tennessee legislature has pending before it companion bills, SB 2237 and HB 2375, that would authorize the state's Department of Safety and Homeland Security to promote its goals by entering partnership agreements with non-profit organizations. The state's Attorney General has issued Opinion No. 12-29 (March 2, 2012), concluding that a proposed amendment to the bills that would exclude partnership agreements with political or religious non-profits (and their affiliates) is constitutionally defensible. As to religious non-profits, the Attorney General's opinion concludes:
