Legal Periodical: Can Taxpayers Stand Discrimination?: Lack Of Standing And The Religious Freedom Restoration Act Permits The Executive Branch To Fund Discrimination Within Religious Organizations

Note, Can Taxpayers Stand Discrimination?: Lack Of Standing And The Religious Freedom Restoration Act Permits The Executive Branch To Fund Discrimination Within Religious Organizations, 49 J. Cath. Legal Stud. 195 (2010)

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Part I of this Note focuses on the standing limitation. Part I.A examines the Supreme Court’s limitation on taxpayer standing and how it has prevented taxpayers from challenging employment discrimination within government-funded institutions. Part I.B argues that because taxpayers cannot challenge executive branch conduct, the executive branch is free to fund discrimination and organizations that misuse government money in violation of the Establishment Clause. Part I.C recommends three approaches that taxpayers may take to achieve standing to challenge employment discrimination within government-funded religious organizations.

Part II of this Note examines RFRA. Part II.A discusses the passage of RFRA and the executive branch’s argument that RFRA justifies employment discrimination within government-funded religious organizations. Part II.B argues that the executive branch’s reliance on the Free Exercise Clause to justify religious discrimination is unconvincing because it ignores the requirements of the Establishment Clause. Finally, Part II.C recommends three specific responses to the executive branch’s RFRA argument.