Topic
First Amendment: Religion
Posts
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ArticleVol. 103 · Iss. 3
“Original History” and the Free Exercise Case for Religious Charter Schools
Only rarely is it publicly known which Supreme Court Justice holds the decisive vote on a blockbuster issue because the other eight have already…
Aaron Tang & Ethan Hutt -
NoteVol. 102 · Iss. 3
May She Get Justice: How Coercive Control Statutes Mitigate Religious Abuse in Contested Jewish Divorces
In September 2022, Michelle Hazani won full custody of her children after three years of legal proceedings against her abusive husband, Yaron. Michelle was…
Sam Silverberg -
ArticleVol. 101 · Iss. 3
“Religion,” Before Darwin
The First Amendment singles out “religion” for special treatment, but the boundaries of that concept have always been difficult to describe. Nevertheless, there is…
James Toomey -
ArticleVol. 88 · Iss. 3
Natural Law and the Rhetoric of Empire: Reynolds v. United States, Polygamy, and Imperialism
In 1879, the U.S. Supreme Court construed the Free Exercise Clause for the first time, holding in Reynolds v. United States that Congress could punish Mormon…
Nathan B. Oman -
Online2021
The Unconstitutionality of Espinoza’s Blue Sky Scholarship Program
In Espinoza v. Montana Department of Revenue,1 the Supreme Court ruled that providing state funds to private secular schools but not private religious schools amounted…
Caroline Mala Corbin -
ArticleVol. 94 · Iss. 6
Law, Religion, and the Purpose of the University
Americans are fond of unity talk: we see ourselves as “one nation, indivisible,” and in pursuit of “a more perfect union.” But much of…
John Inazu -
ArticleVol. 94 · Iss. 6
Cutting Through: Thirteen Ways of Looking at Justice Stevens
Detroit imposes special zoning restrictions on adult movie theaters. “If the theater is used to present ‘material distinguished or characterized by an emphasis on…
Abner S. Greene -
NoteVol. 94 · Iss. 1
The Religious Difference: Equal Protection and the Accommodation of (Non)-Religion
The First Amendment provides for specific rules that apply to “religion” without defining the term. This definition seems essential; the prohibition on establishment and…
Jonathan P. Kuhn -
ArticleVol. 96 · Iss. 5
Eviscerating a Healthy Church-State Separation
In its recent ruling in Trinity Lutheran Church of Columbia, Inc. v. Comer, the U.S. Supreme Court took an extraordinary step in a remarkably…
Erwin Chemerinsky & Barry P. McDonald -
NoteVol. 96 · Iss. 1
Mahr Provisions and the Case for Shari’a Arbitration
The global Muslim population is currently estimated at 1.8 billion people, comprising twenty-four percent of the total global population. The United States alone is…
Cora Allen -
CommentaryVol. 92 · Iss. 1
Hobby Lobby and the Zero-Sum Game
In a zero-sum game, one person’s gain is another person’s loss. Some claims under the Religious Freedom Restoration Act present such zero-sum circumstances in…
Kathryn E. Kovacs -
ArticleVol. 92 · Iss. 1
Religious Associations: Hosanna-Tabor and the Instrumental Value of Religious Groups
In its 2012 decision in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, the Supreme Court held that the Religion Clauses of the First…
Ashutosh Bhagwat