The provision at issue is a standard one in many federal laws, which would mandate that all providers comply with federal nondiscrimination statutes. Religious organizations, whose child care programs are currently exempt from some such laws, argue that it would effectively block many of their providers from participating, while civil rights advocates contend it is long past time for such institutions to comply.

Some of the faith groups are pressing lawmakers to scrap or modify the nondiscrimination language, asserting that it would essentially shut them out of the new federal program unless they made major changes to the way they operate. For instance, it could bar federal funds from going to programs that refused to hire a gay employee, gave preference to applicants of their faith or failed to renovate their facilities to accommodate disabled students.

The organizations argue that the rules would force them to choose between participating in the child care initiative and continuing to teach religious content, convene all-boys or all-girls programs, or give preferences in hiring or admissions to people of their religion. Congressional staff members working on the bill do not believe it prohibits religious organizations from teaching religious content.