First, charitable choice imposes on both government and participating faith-based organizations (FBOs) the duty to not abridge certain enumerated rights of the ultimate beneficiaries of these welfare programs. Second, the statute imposes on government the duty to not intrude into the institutional autonomy of faith-based providers. Third, the statute reinforces the government's duty to not discriminate with respect to religion when determining the eligibility of private-sector providers to deliver social services.
Carl H. Esbeck, Statement Before the United States House of Representatives Concerning Charitable Choice and the Community Solutions Act, 16 Notre Dame J.L. Ethics & Pub. Pol'y 567 (2002)