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Religion Law

Selected Works

2015

Constitutional law

Articles 1 - 2 of 2

Full-Text Articles in Law

"Simply A Constitutional Legal Question?": Law, Religion And The Modern State, Benjamin L. Berger Sep 2015

"Simply A Constitutional Legal Question?": Law, Religion And The Modern State, Benjamin L. Berger

Benjamin L. Berger

Benjamin L. Berger, Associate Professor at Osgoode Hall Law School, on key questions about law, religion, and social change.


Is It Unconstitutional To Prohibit Faith-Based Schools From Becoming Charter Schools?, Stephen D. Sugarman Aug 2015

Is It Unconstitutional To Prohibit Faith-Based Schools From Becoming Charter Schools?, Stephen D. Sugarman

Stephen D Sugarman

This article argues that it is unconstitutional for state charter school programs to preclude faith-based schools from obtaining charters. First, the “school choice” movement of the past 50 years is described, situating charter schools in that movement. The current state of play of school choice is documented and the roles of charter schools, private schools (primarily faith-based schools), and public school choice options are elaborated. In this setting I argue a) based on the current state of the law it would not be unconstitutional (under the First Amendment’s Establishment Clause) for states to elect to make faith-based schools eligible for …