Excluding Religion

77 Pages Posted: 29 Aug 2007 Last revised: 5 Aug 2008

Nelson Tebbe

Brooklyn Law School; Cornell Law School

Abstract

This Article considers whether government may single out religious actors and entities for exclusion from its support programs. The problem of selective exclusion has recently sparked interest in lower courts and in informal discussions among scholars, but the literature has not kept pace. Excluding Religion argues that government generally ought to be able to select religious actors and entities for omission from support without offending the Constitution. At the same time, the Article carefully circumscribes that power by delineating several limits. It concludes by drawing out some implications for the question of whether and how a constitutional democracy ought to be able to influence private choices concerning matters of conscience.

Keywords: First Amendment, establishment clause, free exercise

Suggested Citation

Tebbe, Nelson, Excluding Religion. 156 University of Pennsylvania Law Review 1263 (2008); Brooklyn Law School, Legal Studies Paper No. 85. Available at SSRN: https://ssrn.com/abstract=1010152

Nelson Tebbe (Contact Author)

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States
718.780.7960 (Phone)

Cornell Law School ( email )

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