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And The Wall Comes Tumbling Down: How The Supreme Court Is Striking The Wrong Balance Between Majority And Minority Rights In Church And State Cases, Alan Garfield
Alan E Garfield
One of the Supreme Court’s primary responsibilities in church and state cases is to strike the right balance between majority and minority rights. But in two high profile cases decided in its last term, the Supreme Court struck the wrong balance in both. In Town of Greece v. Galloway, concerning prayers at the beginning of a small town’s board meetings, the Court was too deferential to the religious majority’s preferred prayer practice and inadequately sensitive to the practice’s impact on religious minorities. In Burwell v. Hobby Lobby Stores, Inc., concerning the right of for-profit corporations to be exempted from the …