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Canon Law and Constitutional Law: The First Amendment, Anthropology, Separation, and Neutrality

Rev. John J. Coughlin, O.F.M.
Notre Dame Law School

Notre Dame Legal Studies Paper No. 07-24

Abstract:
After briefly describing the different assumptions about the role of the state vis-a-vis religion in canon law and secular legal theory, this Chapter, which is part of a larger book project, explores the relationship between canon law and several select issues in United States constitutional law. First, the Chapter discusses the theological and rationalist anthropologies that underpin the First Amendment. Second, the Chapter examines the Supreme Court's separationist interpretation of the First Amendment and its impact on legislative programs of public aid to Catholic schools. Third, the Chapter critically explores the claim of neutrality from the perspective of judicial review in church property disputes and with regard to diocesan liability in the clergy sex abuse crisis.

Keywords: Constitutional Law, comparative law

JEL Classifications: K10, K13

Working Paper Series

Date posted: April 04, 2007 ; Last revised: May 05, 2009

Suggested Citation

Coughlin, O.F.M., Rev. John J., Canon Law and Constitutional Law: The First Amendment, Anthropology, Separation, and Neutrality. Notre Dame Legal Studies Paper No. 07-24. Available at SSRN: http://ssrn.com/abstract=975838

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Contact Information

Rev. John J. Coughlin, O.F.M. (Contact Author)

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States