Religion in the Schools: On Prayer, Neutrality and Sectarian Perspectives
Capital University - Law School
Akron Law Review, Vol. 42, pp. 185-241, 2009
This Article traces the development of modern Establishment Clause jurisprudence with respect to religion in the public schools, noting how the Court's analyses and justifications have changed over time, protestations to the contrary notwithstanding. The Article examines how the logic of the Court's current approach would permit practices long thought to violate Establishment Clause guarantees, concluding that the current approach is radically misconceived as a matter of both constitutional law and good public policy.
Keywords: public schools, sectarian, prayer, content discrimination, viewpoint discrimination
JEL Classification: I28, K10
Date posted: March 9, 2009