Observation:
Douglas Laycock, Tax Exemption for Racially Discriminatory
Religious Schools, 60 Texas L. Rev. 259 (1982).
Abstract:
Professor Laycock notes that the controversy over tax exemptions
for racially discriminatory schools implicates the right to free
exercise of religion. He delineates the three aspects of the
liberty protected by the free exercise clause—right to
conscientious objection to government policy, right to freedom
from discrimination among religions, and right of church
autonomy. The problem, he posits, is determining the appropriate
scope of racial equality and religious freedom. The Observation
discusses Supreme Court and lower court cases on topic.
Professor Laycock concludes that the proper resolution of the
problem of conflicting commitment to racial equality and freedom
of religion is to allow each to predominate in its own sphere.