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Articles 1 - 17 of 17
Full-Text Articles in Law
How The Establishment Clause Can Influence Substantive Due Process: Adultery Bans After Lawrence, Andrew D. Cohen
How The Establishment Clause Can Influence Substantive Due Process: Adultery Bans After Lawrence, Andrew D. Cohen
Fordham Law Review
Criminal adultery bans, despite widespread transgression and lax enforcement, remain on the books in a substantial minority of states. The landmark Lawrence v. Texas decision casts doubt on all state interference with consensual sexual activity among adults, including adultery bans. Additionally, adultery bans on their face implicate the Establishment Clause, due to adultery bans' and marriage's roots in religious doctrine and religiosity. This Note examines the constitutionality of adultery bans after Lawrence v. Texas, and proposes a novel approach to substantive due process analysis that applies Establishment Clause values. In proposing what this Note dubs the "Establishment Clause prism," through …
Uses And Abuses Of Textualism And Originalism In Establishment Clause Interpretation, Carl H. Esbeck
Uses And Abuses Of Textualism And Originalism In Establishment Clause Interpretation, Carl H. Esbeck
Faculty Publications
This article takes up the curious tale as to why the text and drafting record in the House and Senate were ignored by the Court in Everson, as well as what the text and debate can tell us about contemporary theories making the rounds. One theory of conservatives is that the Establishment Clause was not intended to prohibit support for religion so long as no religion is preferred.
Same-Sex Marriage, Second-Class Citizenship, And Law's Social Meanings, Michael C. Dorf
Same-Sex Marriage, Second-Class Citizenship, And Law's Social Meanings, Michael C. Dorf
Cornell Law Faculty Publications
Government acts, statements, and symbols that carry the social meaning of second-class citizenship may, as a consequence of that fact, violate the Establishment Clause or the constitutional requirement of equal protection. Yet social meaning is often contested. Do laws permitting same-sex couples to form civil unions but not to enter into marriage convey the social meaning that gays and lesbians are second-class citizens? Do official displays of the Confederate battle flag unconstitutionally convey support for slavery and white supremacy? When public schools teach evolution but not creationism, do they show disrespect for creationists? Different audiences reach different conclusions about the …
September 25, 2011: Justice Scalia At Duquesne Law School, Bruce Ledewitz
September 25, 2011: Justice Scalia At Duquesne Law School, Bruce Ledewitz
Hallowed Secularism
Blog post, “Justice Scalia at Duquesne Law School“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Nonbelievers, Nelson Tebbe
Nonbelievers, Nelson Tebbe
Cornell Law Faculty Publications
How should courts handle nonbelievers who bring religious freedom claims? Although this question is easy to grasp, it presents a genuine puzzle because the religion clauses of the Constitution, along with many contemporary statutes, protect only religion by their terms. From time to time, judges and lawyers have therefore struggled with the place of nonbelievers in the American scheme of religious freedom. Today, this problem is gaining prominence because of nonbelievers’ rising visibility. New lines of social conflict are forming around them, generating disputes that have already gone legal. In this Article, I argue that no wholesale response will do. …
August 25, 2011: Duquesne University Law School To Probe The Future Of The Establishment Clause, Bruce Ledewitz
August 25, 2011: Duquesne University Law School To Probe The Future Of The Establishment Clause, Bruce Ledewitz
Hallowed Secularism
Blog post, “Duquesne University Law School to Probe The Future of the Establishment Clause“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 11, 2011: Governor Rick Perry’S Prayer Event, Bruce Ledewitz
August 11, 2011: Governor Rick Perry’S Prayer Event, Bruce Ledewitz
Hallowed Secularism
Blog post, “Governor Rick Perry’s Prayer Event“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 5, 2011: The Exchange Continues At Secularconscience Blogspot, Bruce Ledewitz
August 5, 2011: The Exchange Continues At Secularconscience Blogspot, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Exchange Continues at Secularconscience Blogspot“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
August 1, 2011: Maybe There Is No Such Thing As Establishment Of Religion, Bruce Ledewitz
August 1, 2011: Maybe There Is No Such Thing As Establishment Of Religion, Bruce Ledewitz
Hallowed Secularism
Blog post, “Maybe There is No Such Thing As Establishment of Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 20, 2011: What Is Religion/What Is Prayer?, Bruce Ledewitz
June 20, 2011: What Is Religion/What Is Prayer?, Bruce Ledewitz
Hallowed Secularism
Blog post, “What is Religion/What is Prayer?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Newdow V. Rio Linda Union School Disctrict: Religious Coercion In Public Schools Unconstitutional Despite Voluntary Nature Of Partially Patriotic Activity, Daniel D. Blom
Golden Gate University Law Review
This Note examines Newdow v. Rio Linda Union School District and explains why California Education Code Section 52720 and the School District’s policy of reciting the Pledge violate the Establishment Clause. Part I discusses the background facts and procedural history of the case and the three tests that were developed by the United States Supreme Court to analyze Establishment Clause challenges. Part II examines the Ninth Circuit’s application of the three Establishment Clause tests to the facts of this case. Finally, Part III explains why the Coercion Test is the determinative test in the context of government action in public …
Lee V. Weisman And The Establishment Clause: Are Invocations And Benedictions At Public School Graduations Constitutionally Unspeakable?, Thomas A. Schweitzer
Lee V. Weisman And The Establishment Clause: Are Invocations And Benedictions At Public School Graduations Constitutionally Unspeakable?, Thomas A. Schweitzer
Thomas A. Schweitzer
No abstract provided.
The Supreme Court Rules In Favor Of Religious Club’S Right To Meet On Public School Premises: Is This “Good News” For First Amendment Rights?, Thomas A. Schweitzer
The Supreme Court Rules In Favor Of Religious Club’S Right To Meet On Public School Premises: Is This “Good News” For First Amendment Rights?, Thomas A. Schweitzer
Thomas A. Schweitzer
No abstract provided.
The Progeny Of Lee V. Weisman: Can Student-Invited Prayer At Public School Graduation Still Be Constitutional?, Thomas A. Schweitzer
The Progeny Of Lee V. Weisman: Can Student-Invited Prayer At Public School Graduation Still Be Constitutional?, Thomas A. Schweitzer
Thomas A. Schweitzer
No abstract provided.
Rethinking Religion And Public School Education, Marjorie A. Silver
Rethinking Religion And Public School Education, Marjorie A. Silver
Marjorie A. Silver
No abstract provided.
The Myth Of Church-State Separation, David E. Steinberg
The Myth Of Church-State Separation, David E. Steinberg
Cleveland State Law Review
This article asserts that the church-state separation interpretation of Establishment Clause history is simply wrong. The framers were focused on the first five words of the amendment, which read: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . .” The original Establishment Clause was a guarantee that the federal government would not interfere in state regulation of religion-whatever form that state regulation took. Rather than enacting the Establishment Clause to mandate a separation of church and state, the framers adopted the clause to protect divergent state practices-including state establishment of …
Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack
Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack
Articles
No abstract provided.