U.S. Engagement with Religion Abroad | A Little Case Law

Following up on the report Mixed Blessings: U.S. Engagement with Religion in Conflict-Prone Settings, we've been delving into some of the legal issues surrounding foreign assistance and how U.S. funds can be used constitutionally while working with faith-based groups. It's an area that's not been examined as much as you might think (no definitive ruling on the extraterritorial application of the Establishment Clause, for example). Anyway, one great resource that is available and has been useful background for our work is Jessica Hayden's Mullahs On A Bus, published in the Georgetown Law Journal in 2006. The article neatly summarizes the evolution of how the Constitution is applied outside U.S. borders, is informed by Hayden's (no relation) field experience working for USAID, and proposes a solution that could clarify what has become a bit of a sticky wicket - to use a technical term. Jessica recently joined us via telephone for the second in a series of discussions on constitutionality and foreign assistance programming. We plan to hold further sessions in the near future, so stay tuned. February 28, 2008 Legal Meeting Notes (PDF)