A Violation Of The Establishment Clause?
Here is the establishment clause of the 1st amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof
And the clause from Section 1 of the 14th amendment which prohibits states from passing laws that violate the rights set out for U.S. citizens in the constitution.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States
So clearly, Schwarzenegger cannot put into effect policy which would deny private schools and religious organizations in California their ability to practice their religion. The question is whether or not Schwarzenegger's policy regarding these groups treat homosexuals, transsexuals, etc. does that.
I don't think it does. If these schools/religious organizations fail to condone homosexuality, etc. the state of California won't close them down, they'll simply withhold funding. These schools and religious organizations would be free to continue to exist, but they wouldn't get government funding.
Personally, I don't exactly like the idea of government bullying private schools and organizations in this manner, but this is the situation we have left ourselves in by becoming so dependent upon money from the government.
This is something of an unrelated issue, but here in North Dakota our congressional delegation often brags about how much money they're able to bring back to our state from Washington D.C. I don't think all that money is a good thing for exactly the reason described above. It leaves our state susceptible to bullying from the federal level by tying certain policies to funding. I think policies in a state should be set by the will of citizens of that state. They shouldn't be put into effect because the federal government threatened to cut off the gravy train if we didn't come into compliance.













