Unwanted Exposure to Religious Expression by Government: Standing and the Establishment Clause

Authors

Carl H. Esbeck, University of Missouri School of LawFollow

Document Type

Article

Publication Date

2013

Abstract

For nearly half a century the Supreme Court has relaxed traditional standards of justiciability and permitted taxpayer standing when a claimant has invoked the Establishment Clause in a lawsuit to prohibit government funding of religion. The Court has recently cutback, however, permitting taxpayer standing only when a tax is extracted from the claimant and money is appropriated by a legislature to fund a statutory program that directs the use of public aid for religion.

Recommended Citation

Carl H. Esbeck, Unwanted Exposure to Religious Expression by Government: Standing and the Establishment Clause, 7 Charleston L. Rev. 607 (2013).