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Full-Text Articles in Law
Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner
Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner
CMC Senior Theses
This thesis provides a comprehensive history of Supreme Court Free Exercise Clause jurisprudence from 1879 until the present day. It describes how a jurisdictional approach to free exercise dominated the Court’s rulings from its first Free Exercise Clause case in 1879 until Sherbert v. Verner in 1963, and how Sherbert introduced an accommodationist precedent which was ineffectively, incompletely, and inconsistently defined by the Court. This thesis shows how proponents of accommodationism furthered a false narrative overstating the scope and consistency of Sherbert’s precedent following the Court’s repudiation of accommodationism and return to full jurisdictionalism with Employment Division v. Smith …
Is Love A Battlefield? The New Politics Of Marriage Equality In The Aging War On Terror, Jackie Givelber
Is Love A Battlefield? The New Politics Of Marriage Equality In The Aging War On Terror, Jackie Givelber
Scripps Senior Theses
When Donald Trump took the stage as the Republican presidential nominee at the Republican National Convention in July 2016, he made a historical appeal to LGBTQ Americans: to the boisterous applause of a Republican audience, he promised "to protect LGBTQ citizens from the violence and oppression of a hateful foreign ideology." Utilizing this historical moment as an indicator of shifting political views around LGBTQ rights in the Republican Party and the US nation-state as a whole, this paper links contemporary iterations of the War on Terror to the legalization of same-sex marriage in June 2015. Connecting same-sex marriage to the …