Discrimination or Religious Freedom?

Recently, a broad coalition of groups sent a letter to President Obama urging him to require the Attorney General to “review and reconsider” a “flawed” Office of Legal Counsel memo—issued in 2007 (i.e., during the Bush Administration)—that argued that the Religious Freedom Restoration Act provided the basis for exempting faith-based organizations that contracted with the government from legal requirements that forbid taking religion into account in certain hiring decisions. The letter asserts that the memo relies on “flawed legal analysis” and offers a “broad and erroneous,” indeed “dangerous,” “interpretation of RFRA,” “permitting the grantee to discriminate in hiring with taxpayer funds without regard to the government’s compelling interest in prohibiting such discrimination.”