Brief Fact Summary. Certain charitable organizations were required to provide a financial disclosure statement while others were not.
Synopsis of Rule of Law. Under the Establishment Clause one religion cannot be preferred over another.
Issue. Does state statute discriminate amongst religious organizations in violation of the Establishment Clause?
Held. Yes. The 50% rule is arbitrarily drawn and based on three flawed premises: 1) when members contribute they will supervise solicitation activities carefully; 2) membership control is an adequate safeguard against fraudulent activity; and 3) the need for public disclosure increase with outside donation amounts.
The First Amendment mandates governmental neutrality between religion and religion, and between religion and nonreligion.View Full Point of Law