Douglas Kmiec replies:
It is good to have Professor Carl Esbeck on the side of faith-based organizations [FBOs]. I have long admired his judgment and clarity of expression in matters of law and religion. Unfortunately, in this instance, I believe he misunderstands the good news of the Good News decision. It certainly is not, as he and I both agree, a constitutional invitation to offer government-sponsored religious activity. Government neither can nor should directly fund proselytization or sectarian worship. Rather, the happy tidings in Good News--which adds to the plurality's welcome principle of nondiscrimination against religious entities in Mitchell--is the implicit …