What happens if a Catholic college doesn’t require students to attend Mass, doesn’t engage in “indoctrination” or “proselytizing”, and hires non-Catholic faculty? As John Garvey, president of the Catholic University of America, says, the government will likely determine the school is not “Catholic” enough for religious liberty protections:

There is a pattern to these cases. The government has been eager to regulate the behavior of churches in ways more to its liking. It does this by defining religion down, so that only the most rigid and separatist groups are exempt. The rest are, for constitutional purposes, no different from the Jaycees or the Elks Club. We might say that the wall of separation is intact, but the government has made it so small that it encloses nothing more than a flower bed.

How distressed Roger Williams would have been.

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