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Full-Text Articles in Law
Religious Freedom, Church-State Separation, & The Ministerial Exception, Carl H. Esbeck, Thomas C. Berg, Kimberlee Wood Colby, Richard W. Garnett
Religious Freedom, Church-State Separation, & The Ministerial Exception, Carl H. Esbeck, Thomas C. Berg, Kimberlee Wood Colby, Richard W. Garnett
Richard W Garnett
The Hosanna-Tabor case concerns the separation of church and state, an arrangement that is often misunderstood but is nevertheless a critical dimension of the freedom of religion protected by the First Amendment to our Constitution. For nearly a thousand years, the tradition of Western constitutionalism - the project of protecting political freedom by marking boundaries to the power of government - has been assisted by the principled commitment to religious liberty and to church-state separation, correctly understood. A community that respects - as ours does - both the importance of, and the distinction between, the spheres of political and religious …
All For One, And One For All-Comers! University Nondiscrimination Policies In Light Of Hosanna-Tabor And The Ministerial Exception, Zach Tafoya
Pepperdine Law Review
In light of the more recent Hosanna-Tabor decision, this Comment seeks to answer these questions by extending the reasoning behind the ministerial exception to the university context in order to build a foundation upon which a future exception can be built to ensure that religious student groups are sufficiently free to choose their own leaders. Part II sets forth a brief history of the ministerial exception and its application in the circuit courts. Part III addresses two recent Supreme Court cases, Martinez and Hosanna-Tabor, and their practical effect on religious liberty, as well as the public’s perception of both cases. …