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Full-Text Articles in Law
The Myth Of Church-State Separation, David E. Steinberg
The Myth Of Church-State Separation, David E. Steinberg
Cleveland State Law Review
This article asserts that the church-state separation interpretation of Establishment Clause history is simply wrong. The framers were focused on the first five words of the amendment, which read: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . .” The original Establishment Clause was a guarantee that the federal government would not interfere in state regulation of religion-whatever form that state regulation took. Rather than enacting the Establishment Clause to mandate a separation of church and state, the framers adopted the clause to protect divergent state practices-including state establishment of …
Zelman V. Simmons-Harris And The Private Choice Doctrine, Laura T. Rahe
Zelman V. Simmons-Harris And The Private Choice Doctrine, Laura T. Rahe
Cleveland State Law Review
In Zelman, the Court examined the constitutionality of an Ohio pilot program that took effect in the Cleveland City School District. One of the program's provisions permitted parents to use a tuition voucher for their children to attend public or private schools, including religious schools. The statute authorizing the program ensured that participating private schools remained affordable for the most disadvantaged children, and required that the schools refrain from "advocat[ing] or foster[ing] unlawful behavior or teach[ing] hatred of any person or group on the basis of race, ethnicity, national origin or religion." The Cleveland program exemplifies one attempt, informed by …
Lisa Herdahl And Religious Liberty , Nadine Strossen
Lisa Herdahl And Religious Liberty , Nadine Strossen
Cleveland State Law Review
Introduction of the ACLU’s Roger Baldwin Medal of Liberty Award honoree, detailing her specific struggle and outlining the larger national picture her case reflected.
The Clergyman: His Privileges And Liabilities, Valentine A. Toth
The Clergyman: His Privileges And Liabilities, Valentine A. Toth
Cleveland State Law Review
The doctrine of separation of church and state does not exclude the civil courts from jurisdiction over many church related questions. Constitutional guarantees of freedom of religion may not be allowed to lead to anarchy by allowing the church to be independent of state surveillance. On the other hand, the law does not claim that the church purchased its independence at the price of not criticizing the state when morality, ethical government or responsible citizenship are at stake. While this discussion is couched chiefly in terms of Protestant churches and clergymen, it is equally applicable to Roman Catholic, Jewish, and …