ABSTRACT

Mixing public and private cooperation while pursuing some limits on the partnerships involving religion could promote mutual aid but also preserve the distinct contributions each kind of entity makes to the needs of the poor, of children, and of the larger society. The metaphor and reality of economic markets drive the movement of: persons as well as capital. In the contexts of child protective services and foster care, the functional and financial ties between religiously based programs and public commitments are even tighter. Despite its common use, the phrase "separation of church and state" actually has no relevance to the task of constitutional interpretation. Recent Supreme Court decisions suggest that government programs allowing public funds to pay for religious school tuition will survive constitutional challenge, while government efforts to share or turn over responsibilities in the welfare area to religious entities may be found constitutionally defective.