Law Commons^™

Establishment Clause Limits On Free Exercise Accommodations, Kent Greenawalt

Faculty Scholarship

Among the most vexing questions in the law of the religion clauses is when a legal measure that might otherwise be justified as an accommodation to free exercise is instead a forbidden establishment of religion. In a book about free exercise, I have provided some idea just how complex this question can be. I now tackle it head on. Scholars have fairly observed that the Supreme Court has given us no theory, or no tenable theory, for drawing the line between permissible accommodation and impermissible establishment. We will look at what the Court has said and done, as well as …