Three Hail Marys: Carson, Kennedy, and the Fractured Détente over Religion and Education
Comment on Carson v. Makin and Kennedy v. Bremerton School District
Vol. 136 No. 1
First Amendment: Religion
Blasphemy and the Original Meaning of the First Amendment
Vol. 135 No. 2
Until well into the twentieth century, American law recognized blasphemy as proscribable speech. The blackletter rule was clear. Constitutional liberty entailed a right to...
Reflection on Tanzin v. Tanvir: Q&A with the Plaintiffs*
Vol. 135 No. 1
In Tanzin v. Tanvir,. the U.S. Supreme Court held that plaintiffs suing under the Religious Freedom Restoration Act of 1993 (RFRA) can seek money...
The Principle and Politics of Liberty of Conscience
Vol. 135 No. 1
Introduction “[W]hat should replace Smith?” That was Justice Barrett’s main question in Fulton v. City of Philadelphia. She expressed serious misgivings about the governing...
Constitutional Constraints on Free Exercise Analogies
Vol. 134 No. 5
The liberty enjoyed by the People of these States, of worshipping Almighty God agre[e]able to their Consciences, is not only among the choicest of...
Our Lady of Guadalupe School v. Morrissey-Berru
Vol. 134 No. 1
Eight years ago, the Supreme Court held in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC that religious institutions are immune from employment discrimination...
Espinoza v. Montana Department of Revenue
Vol. 134 No. 1
The Religion Clauses of the Constitution have proven difficult for the Supreme Court to untangle. Critics of the Court’s fractured Religion Clauses jurisprudence have...
The Establishment Clause and the Chilling Effect
Vol. 133 No. 4
When the government passes a law, it often regulates conduct. People and organizations adjust their behavior to fit the legal rule; if a law...
Of Priests, Pupils, and Procedure: The Ministerial Exception as a Cause Of Action for On-Campus Student Ministries
Vol. 133 No. 2
In 1972, the Fifth Circuit recognized a First Amendment right for religious ministries to select their own religious ministers and manage the employment relationship...
State v. Arlene’s Flowers, Inc.
Washington Supreme Court Limits Masterpiece Cakeshop to the Context of Adjudications.
Vol. 133 No. 2