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Full-Text Articles in Law
Money And Power In Religious Competition: A Critique Of The Religious Free Market, Jianlin Chen
Money And Power In Religious Competition: A Critique Of The Religious Free Market, Jianlin Chen
Jianlin Chen
Academics have frequently alluded to the normative value of the religious free market fostered by the twin legal guarantees of the free exercise of religion and the absence of state establishment of religion. This article challenges the idealized portrayal of a religion’s ‘flourish[ing] according to the zeal of its adherents and the appeal of its dogma’ and examines the dynamics of material wealth and political power in a religion’s success. This article suggests that controversial measures such as affirmative action for socio-economically disadvantaged religions and restrictions of religious involvement in politics are not necessarily incompatible with the religious free market.
The Disincorporation Proclamation: Emancipating The Establishment Clause From The Fourteenth Amendment, Martin Wishnatsky
The Disincorporation Proclamation: Emancipating The Establishment Clause From The Fourteenth Amendment, Martin Wishnatsky
Martin Wishnatsky
No abstract provided.
"Rfra Exemptions From The Contraception Mandate: An Unconstitutional Accommodation Of Religion", Frederick Mark Gedicks, Rebecca G. Van Tassell
"Rfra Exemptions From The Contraception Mandate: An Unconstitutional Accommodation Of Religion", Frederick Mark Gedicks, Rebecca G. Van Tassell
Frederick Mark Gedicks
Litigation surrounding use of the Religious Freedom Restoration Act to exempt employers from the Affordable Care Act’s “contraception mandate” is moving steadily towards eventual resolution in the U.S. Supreme Court. Both opponents and supporters of the mandate, however, have overlooked Establishment Clause limits on such exemptions. The fiery religious-liberty rhetoric surrounding the mandate has obscured that RFRA is a “permissive” rather than “mandatory” accommodation of religion—that is, a voluntary government concession to religious belief and practice that is not required by the Free Exercise Clause. Permissive accommodations must satisfy Establishment Clause constraints, notably the requirement that the accommodation not impose …
God Loves Flags, But I Don't: Why The Pledge Of Allegiance Is An American Travesty, Kyle T. Morrison
God Loves Flags, But I Don't: Why The Pledge Of Allegiance Is An American Travesty, Kyle T. Morrison
Kyle T Morrison
No abstract provided.
The Ministerial Exception And The Limits Of Religious Sovereignty, Ian C. Bartrum
The Ministerial Exception And The Limits Of Religious Sovereignty, Ian C. Bartrum
Ian C Bartrum
This paper explores the scope of independent religious sovereignty in the context of the ministerial exception.
Standing On Holy Ground: How Rethinking Justiciability Might Bring Peace To The Establishment Clause, John M. Bickers
Standing On Holy Ground: How Rethinking Justiciability Might Bring Peace To The Establishment Clause, John M. Bickers
John M. Bickers
The Establishment Clause is home to both procedural and substantive disorder. Particularly in evaluating religious speech by the government, the Supreme Court applies any of a number of distinct tests, with varying degrees of strictness. At the same time, the Court has articulated a series of requirements necessary for a plaintiff to have standing to challenge government action, only to ignore them in government religious speech cases. The resulting lack of clarity leaves lower courts to their own devices in endeavoring to calm increasingly intense struggles. This article sets out a theory that altering one of these problems can correct …
Religion And Race: The Ministerial Exception Reexamined, Ian C. Bartrum
Religion And Race: The Ministerial Exception Reexamined, Ian C. Bartrum
Ian C Bartrum
This Colloquy piece explores the constitutional relationship between religious exercise and racial discrimination in the context of the "ministerial exception" and the Court's decision to hear arguments in Hosanna-Tabor v. EEOC.
Salazar V. Buono: Sacred Symbolism And The Secular State, Ian C. Bartrum
Salazar V. Buono: Sacred Symbolism And The Secular State, Ian C. Bartrum
Ian C Bartrum
This short piece discusses some doctrinal and theoretical implications of the Court's recent decision.
No Bueno, Buono: An Essay On Salazar V. Buono And Establishment Clause Remedies, David B. Owens
No Bueno, Buono: An Essay On Salazar V. Buono And Establishment Clause Remedies, David B. Owens
David B. Owens
Atop Sunrise Rock in the Mojave Desert sat a Latin Cross. The only problem, for some, was that this land happened to be owned by the federal government. After contentious litigation, the cross was deemed a violation of the Establishment Clause, and the district court issued an injunction forbidding the cross to remain. That judgment became final and unreviewable, but the district court’s subsequent remedial action—declaring invalid Congress’ attempt to sell only a small “donut” of land around the cross—was not. Congress’ interesting end-around spawned further litigation and an order by the district court modifying the injunction despite the fact …
The Future Of Religious Pluralism: Justice O'Connor And The Establishment Clause, Deborah J. Merritt, Daniel C. Merritt
The Future Of Religious Pluralism: Justice O'Connor And The Establishment Clause, Deborah J. Merritt, Daniel C. Merritt
Deborah J Merritt
Justice Sandra Day O’Connor offered a distinctive vision of the Establishment Clause. This article puts that vision in context by reviewing the history of religious pluralism, tolerance, and intolerance in the United States. The article also draws upon psychology research to illuminate the polarizing tendencies that continuously undermine religious tolerance. These sections of the article offer essential background that many observers overlook when analyzing the Establishment Clause. Finally, the article argues that Justice O’Connor’s Establishment Clause principles offer the best promise of promoting religious pluralism more fully in the United States.