Under the "Wall of Separation" theory of the Establishment Clause, is it unconstitutional for Congress to permit food stamps to be used to purchase kosher food products?
Does this result in tax funds being used to subsidize religious observance by beneficiaries who practice the Jewish faith? Does this advance religion? Would excluding kosher foods from the program inhibit the practice of Judaism? Would (should) it violate either the Establishment Clause or the Free Exercise Clause if kosher foods were excluded from the food stamp program?
Who should have standing to challenge this program? Taxpayers who oppose tax funds being used to subsidize kosher observance? Who is harmed if a low income, Jewish citizen is permitted to use food stamps to purchase kosher foods for her family?
How should the Establishment Clause be interpreted in the modern Welfare State in which all citizens share a heavy burden of taxation but receive in return many governmental benefits such as health care, educational benefits, welfare and social security payments, and food stamps?
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