rely upon donations, religions like the church that encourage tithing at the traditional level of 10% are much more attractive to a trustee looking for potential assets than other religions. Brief for Appellant at 13 (table listing average % of household income donated to charity by denomination as 1.3 to 3.8%, much less than 10%). For the reasons discussed below, we hold that the recovery of the contributions substantially burdens the debtor s without questioning its constitutionality and thus has at least implicitly held that the RFRA is constitutional. But cf. Hamilton v. Schriro, 74 F.3d at 1557 (McMillian, J., dissenting) (arguing that the RFRA is unconstitutional because Congress does not have power under § 5 of the fourteenth amendment to enact RFRA); Tessier, 190 B.R. at 405-07 (<HOLDING>). In Smith the Supreme Court held that the
recognizing that standing doctrine is fundamentally rooted in respect for the separation of powers of the independent branches of government holding that the plras three strikes rule is a procedural rule that does not violate the separation of powers doctrine recognizing that the judicial rewriting of a statute would violate the separation of powers doctrine recognizing separation of powers doctrine holding rfra is inconsistent with smith and violates the separation of powers doctrine