Charitable Choice: Will this Provision of Welfare Reform Survive Constitutional Scrutiny?

This article explores the controversy that may arise as states and local governments begin to forge business relationships with religious organizations. Specifically, this article analyzes the continuing attempt by the Supreme Court to define policy concerning these relationships. Section II begins with a discussion of Establishment Clause jurisprudence. This part traces the Supreme Court s movement from a policy of strict separation of church and state towards one based more on neutrality. Section III examines the impact of this standard on interpretation of the charitable choice provision. Section IV concludes by suggesting that state legislatures proceed cautiously when enacting laws under the new PRWORA provision