Constitutional Law II
State Action Doctrine
If a private organization performs municipal functions (like a company town), it is treated as a state action and thus cannot discriminate on the basis of religion.
- Utility companies are not included in this.
- Shopping centers have been treated as state actors and have been required to not prohibit people's free exercise of religion therein.
- This includes organizations with an "inextricable entanglement" of government and private actors, like with a parking garage or restaurant or athletic association.
Enforcing restrictive covenants made between private parties is government action and thus prohibited by the state action doctrine.