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Equal Treatment for Faith-Based Organizations

On April 4, 2016, the U.S. Department of Justice (“Department” or “DOJ”) issued the regulation entitled Partnerships with Faith-Based and Other Neighborhood Organizations, 28 C.F.R. pt. 38 (Part 38).  The regulation implemented Executive Order 13279, as amended by Executive Order 13559, and revised the previous 2004 rule, Equal Treatment for Faith-Based Organizations, which had implemented an earlier version of Executive Order 13279 and also appeared at 28 C.F.R. pt. 38.  Part 38 prohibits Department-funded social service programs from discriminating on the basis of religion in the delivery of services or benefits, and ensures that faith-based or religious organizations are able to participate in such programs on an equal basis with other organizations.  The regulation also allows beneficiaries to request an alternative provider if they object to the religious character of a service provider that receives direct financial assistance from the Department and places certain notice and referral requirements on faith-based or religious organizations that receive direct assistance.

If you want to find the complete DOJ regulation, please visit the Partnerships with Faith-Based and Other Neighborhood Organizations page.

Date Created: December 30, 2019