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State Action Under The Religion Clauses: Neutral In Result Or Neutral In Treatment?, David K. Dewolf
State Action Under The Religion Clauses: Neutral In Result Or Neutral In Treatment?, David K. Dewolf
University of Richmond Law Review
The United States Supreme Court's treatment of the first amendment's religion clauses over the last fifty years has generated considerable controversy. While few religion clause cases reached the Supreme Court prior to 1940, the number steadily multiplied once the first amendment was incorporated into the fourteenth amendment. The Court's doctrinal development was incremental and uncertain, but by 1971 the Court had developed a test for each of the religion clauses to evaluate the constitutionality of challenged state action. Although these tests have not been followed with perfect fidelity, they have been the starting point for virtually all of the religion …
Court-Ordered Exemptions To Secure Religious Liberty, Gary C. Leedes
Court-Ordered Exemptions To Secure Religious Liberty, Gary C. Leedes
University of Richmond Law Review
Cases arising under the United States Constitution's religion clauses fall into four general categories. In the first category are establishment clause controversies involving the provision of government services or aid. For example, when the government seeks to provide educational assistance to all private schools, financial aid to parochial schools is usually challenged on establishment clause grounds.