What Counts as Neutrality? The Religion and Race Cases Compared

31 Pages Posted: 16 Oct 2007

See all articles by JoEllen Lind

JoEllen Lind

Valparaiso University Law School


This Article explores the impact of neutral principles in constitutional adjudication involving race and religion. It questions the various justifications used to decide Establishment Clause cases by treating the decision in Zelman v. Simmons-Harris as a focal point. The policy question that it poses is this: Given the intersection of the history of race and religion and the Court's jurisprudence, is it problematic in terms of the First Amendment that those of us who are less economically, socially, and educationally free might also be less religiously free due to the disparate effects of neutrality at the intersection between religion and race?

Keywords: equal protection, establishment clause, race, religion

Suggested Citation

Lind, JoEllen, What Counts as Neutrality? The Religion and Race Cases Compared. Valparaiso University Legal Studies Research Paper No. 07-04. Available at SSRN: https://ssrn.com/abstract=1022115 or http://dx.doi.org/10.2139/ssrn.1022115

JoEllen Lind (Contact Author)

Valparaiso University Law School ( email )

656 S. Greenwich St.
Valparaiso, IN 46383-6493
United States

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