Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- First amendment (2)
- California Law Review (1)
- Church and State (1)
- Concept of religion (1)
- Creches (1)
-
- Establishment clause (1)
- First Amendment (1)
- First Baptist Church (1)
- Free Exercise clause (1)
- Free exercise clause (1)
- Freedom of religion (1)
- Government (1)
- Lynch v. Donnelly (104 S. Ct. 1355 (1984)) (1)
- Nativity Scenes (1)
- Ordinance (1)
- Race discrimination (1)
- Religion (1)
- Religion clause (1)
- Religious claims (1)
- Religious freedom (1)
- Schools (1)
- Strict scrutiny (1)
- Tax exemption -- United States (1)
- Threshold inquiry (1)
- Threshold question (1)
- Publication
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Religion Law
Religious Symbols, American Traditions And The Constitution, Kelly C. Crabb
Religious Symbols, American Traditions And The Constitution, Kelly C. Crabb
BYU Law Review
No abstract provided.
Trends In The Supreme Court: Mr. Jefferson’S Crumbling Wall - A Comment On Lynch V. Donnelly, William W. Van Alstyne
Trends In The Supreme Court: Mr. Jefferson’S Crumbling Wall - A Comment On Lynch V. Donnelly, William W. Van Alstyne
Faculty Publications
No abstract provided.
Constitutional Review Of Building Codes And Zoning Ordinances Applied To Parochial Schools: City Of Sumner V. First Baptist Church, Philip R. Meade
Constitutional Review Of Building Codes And Zoning Ordinances Applied To Parochial Schools: City Of Sumner V. First Baptist Church, Philip R. Meade
Seattle University Law Review
The First Baptist Church court should not have required strict scrutiny of either the building code or the zoning ordinance applications. In reaching its decision, the court incorrectly analyzed Supreme Court decisions construing the free exercise clause, and drew mistaken parallels between the two Sumner ordinances and laws that the Supreme Court has identified as burdening religious freedom. The court should have distinguished between generally applicable laws such as Sumner's building code and zoning ordinance that, in regulating the peripheral aspects of religious conduct, incidentally make a religious practice less convenient or more expensive, and laws that effectively penalize the …
Taxation And Constitutional Law - The Internal Revenue Service Has The Power To Revoke The Tax-Exempt Status Of Private Schools Which Practice Racial Discrimination Due To Religious Belief, Since These Schools Are Not Charitable, And Revocation Does Not Violate The Free Exercise Or The Establishment Clauses Of The First Amendment, James R. Malone Jr.
Villanova Law Review
No abstract provided.
Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams
Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams
Articles by Maurer Faculty
The first amendment guarantees freedom from "law[s] respecting an establishment of religion or prohibiting the free exercise thereof." The apparent tension between the two clauses of this provision has generated judicial confusion and scholarly disagreement. The perceived conflict between the religion clauses is the product of a particular understanding of what is most fundamental about human identity and the human situation - an understanding that derives from classical liberal political theory and that assumes a sharp division between the individual and his community. This Note proposes an alternative to the liberal conception of human identity, one that encompasses both the …
Religion As A Concept In Constitutional Law, Kent Greenawalt
Religion As A Concept In Constitutional Law, Kent Greenawalt
Faculty Scholarship
Because federal and state constitutions forbid government from infringing upon religious liberty or supporting religion, courts must sometimes decide whether a claim, activity, organization, purpose, or classification is religious. In most cases arising under these religion clauses, the religiousness of an activity or organization will be obvious. However; when the presence of religion is seriously controverted, the threshold question, "defining religion," becomes important. Most courts have prudently eschewed theoretical generalizations in approaching that question. Academic commentators have struggled to startlingly diverse proposals.
This Article suggests that in both free exercise and establishment cases, courts should decide whether something is religious …