Hastings Constitutional Law Quarterly Volume 19 Article 2 Number 2 Winter 1992 1-1-1992 Government Regulation of Religiously Based Social Services: The irsF t Amendment Considerations Carl H. Esbeck Follow this and additional works at: https://repository.uchastings.edu/ hastings_constitutional_law_quaterly Part of the Constitutional Law Commons Recommended Citation Carl H. Esbeck, Government Regulation of Religiously Based Social Services: The First Amendment Considerations, 19 Hastings Const. L.Q. 343 (1992). Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol19/iss2/2 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Constitutional Law Quarterly by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact
[email protected]. Government Regulation of Religiously Based Social Services: The First Amendment Considerations* By CARL H. ESBECK** Table of Contents Introduction ............................................... 344 I. Is Strict Separationism No Longer Plausible? . 350 II. Government Conferring Benefits and Imposing Burdens on Religious Ministries and the Establishment Clause ................................ 355 A. Government Conferring a Benefit on Religious Organizations, When the Benefit is Generally Afforded to Others Similarly Situated .............................. 355 B. Government Withholding a Benefit from Religious Organizations, When the Benefit is Available to Others Similarly Situated ..................................... 358 C. Government Refraining from Imposing a Burden on Religious Organizations, When the Burden is Applicable to Others Similarly Situated ........................... 359 D. Government Imposing a Burden on Religious Organizations, When the Burden is Imposed on Others Similarly Situated ..................................... 360 III. A Review of the Statutory and Common-Law Interaction with Social Service Ministries ...........