Law Review: Rumsfeld v. FAIR’s Impact on the Associational Rights of Religious Organizations

Being FAIR to Religion: Rumsfeld v. FAIR’s Impact on the Associational Rights of Religious Organizations
Stuart McPhail, 3 Harv. L. & Pol’y Rev. 221 (2009)

This Essay explores the possible impacts of FAIR on the associational rights of religious groups. Part I discusses the background constitutional protections for both religious and secular associations prior to Rumsfeld v. FAIR. Part II discusses how FAIR has altered the doctrine of expressive association and why it likely impacts religious organizations after Employment Division v. Smith. Part III argues that FAIR’s limitations should be applied against religious organizations, whether or not the church autonomy doctrine survived Smith.