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Full-Text Articles in Religion Law
Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin
Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin
Michigan Law Review Online
Trinity Lutheran Church, Inc. v. Comer is a significant setback for a strong separation of church and state. Missouri denied a playground grant to Trinity Lutheran because of a state constitutional provision that bans financial aid to churches. The church sued. The Supreme Court held not only that the Establishment Clause allowed the government to give taxpayer money to Trinity Lutheran, but that the Free Exercise Clause required it. The decision's many flaws are not the focus of this short Essay. Instead, this Essay dissects the Supreme Court's reasoning in order to apply it to current controversies in related areas …
A Political History Of The Establishment Clause, John C. Jeffries Jr., James E. Ryan
A Political History Of The Establishment Clause, John C. Jeffries Jr., James E. Ryan
Michigan Law Review
Now pending before the Supreme Court is the most important church-state issue of our time: whether publicly funded vouchers may be used at private, religious schools without violating the Establishment Clause. The last time the Court considered school aid, it overruled precedent and upheld a government program providing computers and other instructional materials to parochial schools. In a plurality opinion defending that result, Justice Thomas dismissed as irrelevant the fact that some aid recipients were "pervasively sectarian." That label, said Thomas, had a "shameful pedigree." He traced it to the Blaine Amendment, proposed in 1875, which would have altered the …
Structural Free Exercise, Mary Ann Glendon, Raul F. Yanes
Structural Free Exercise, Mary Ann Glendon, Raul F. Yanes
Michigan Law Review
In Part I of this article, we analyze the development of case law interpreting the religious freedom language of the First Amendment from the 1940s to the eve of the rights revolution as a casualty of the piecemeal approach to incorporation, compounded by a series of judicial lapses and oversights. Part II deals with the fate of the Religion Clause in the era of the rights revolution, when the free exercise and establishment provisions were deployed in the service of a constitutional agenda to which they were, in themselves, largely peripheral. The current period of doctrinal change is the subject …
The Warren Court: Religious Liberty And Church-State Relations, Paul G. Kauper
The Warren Court: Religious Liberty And Church-State Relations, Paul G. Kauper
Michigan Law Review
The purpose of this Article is to analyze the holdings of the Warren Court under these two clauses in an attempt to assess their significance by reference both to earlier interpretations and to the direction they may give to future development.
Church And State: Cooperative Separatism, Paul G. Kauper
Church And State: Cooperative Separatism, Paul G. Kauper
Michigan Law Review
Nothing is better calculated to stimulate argument, arouse controversy, excite the emotions and even produce intense visceral reactions than a discussion of church-state relations. Always a subject of lively interest, it has received added attention and emphasis in recent months. Perhaps at no time in at least the modem era of American history have the questions of the proper relationship between religion and government been more thoroughly publicized and explored, and the issues more widely debated, than during the period beginning with the presidential campaign of 1960.
Church, State, And Freedom: A Review, Paul G. Kauper
Church, State, And Freedom: A Review, Paul G. Kauper
Michigan Law Review
The Supreme Court's opinion in the Everson case declaring that the separation-of-church-and-state limitation derived from the First Amendment was equally applicable to the states via the Fourteenth Amendment opened up new vistas on the church-state problems in this country. Opponents of released time programs were quick to seize the opening thus afforded as evidenced by the litigation in the McCollum and Zorach cases. And even before the Everson case reached it, the Supreme Court, thanks almost entirely to the efforts of Jehovah's Witnesses, had been engaged at length with the task of defining the dimensions of religious freedom as secured …