Also known as: neutrality principles · principle of neutrality
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional principle requiring the government to remain neutral toward religion by treating religious and nonreligious entities equally when distributing generally available benefits or subsidies. The principle prohibits exclusion of religious participants solely on the basis of their religious character and confirms that equal inclusion does not violate the Establishment Clause when benefits reach recipients through private choice.
The State of Tennessee offers tuition vouchers to students attending any approved private nursing program. Coastal Therapeutics, a school run by a religious hospital that requires chapel attendance, applies for participation. The state denies the application solely because of the school's religious requirements. Under the neutrality principle the denial is unconstitutional because the program must treat religious and nonreligious schools the same.
A state offers bus transportation subsidies to all private schools meeting safety standards. A religious academy serving low-income students applies for the aid. Officials deny the request because the school incorporates religious instruction. Under the neutrality principle the denial is unconstitutional because the program must treat religious and nonreligious schools the same.
Select any source to read its text and confirm it supports the definition.
A city runs a grant program funding preschool facilities that meet licensing rules. A religious preschool applies for playground equipment funds. The city rejects the application solely due to the school's religious affiliation. Under the neutrality principle the rejection is unconstitutional because the program must treat religious and nonreligious providers equally.
A public university provides meeting space to all student organizations on a neutral reservation system. A religious discussion group applies for a room. Administrators deny access because of the group's religious purpose. Under the neutrality principle the denial is unconstitutional because the program must treat religious and nonreligious groups the same.
A county contracts with private agencies to deliver job-training services using public funds. A faith-based charity applies to participate. Officials exclude it solely because of its religious character. Under the neutrality principle the exclusion is unconstitutional because the program must treat religious and nonreligious providers the same.
A state reimburses schools for approved secular textbooks under a neutral program. A religious school submits an invoice for qualifying books. The state refuses payment because the school is religious. Under the neutrality principle the refusal is unconstitutional because the program must treat religious and nonreligious schools the same.
Yes. When a state creates a generally available program subsidizing private education, the Free Exercise Clause requires the state to treat religious schools the same as nonreligious schools. Excluding religious schools solely because of their religious character violates the neutrality principle.
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No. Equal inclusion of religious schools in a generally available benefit program does not constitute an establishment of religion when the aid reaches the schools only through the independent choices of private families.
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No. The neutrality principle prohibits exclusion based on religious status or incidental religious references when the school's secular educational offerings meet the program's neutral criteria.
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…regulation and a fair reading of our precedents. Not to finance Wide Awake , according to petitioners, violates the principle of neutrality by sending a message of hostility toward religion. To finance Wide Awake , argues the University, violates the prohibition on direct state funding of religious activities. When two…