Some Animals are More Equal than Others: The Rehnquist Court and 'Majority Religion'

Abstract

The Rehnquist court began a revolutionin the law of church and state that the Roberts Court may continue. This article analyzes Justice Scalia's rhetoric in dissents in Lee v. Weisman and McCreary County v. American Civil Liberties Union to suggest that the aim of the revolution, having been first enunciated as "equality" for religions values and expression, has now shifted to transformation of the Establishment Clause dialogue to permit a favored place in public life for "majority religion."

Keywords: Lee v. Weisman, McCreary County v. American Civil Liberties Union, Establishment, Scalia