Charitable choice presents other problems. Social service program clients do not always participate voluntarily. Sometimes their involvement is mandated by judges as a condition of probation or as an alternative to juvenile detention. If religiously-based programs are included on the list of approved programs for referral, both adults and children, unaware of their rights, could be forced to participate in programs whose teachings violate these individuals' beliefs. Although charitable choice language gives beneficiaries a right to object to a placement, the language does not ensure that beneficiaries are aware of this right, nor can it ensure that they feel free to exercise the right to object to a placement.
Religious organizations are exempt from employment non-discrimination laws.
This exemption allows religious organizations to make hiring decisions on the basis of religious principles when those positions serve the faith community. We at FCNL support this exemption. It is important in maintaining the independence of religious organizations free from inappropriate government interference. However, when pervasively religious social service programs that serve clients who are from outside the faith community receive public funding, then the exemption poses a problem. A fully-qualified substance abuse counselor who is Muslim or Jewish might be ineligible for a publicly funded position in a program run by a Christian denomination.