Excluding Religion: A Reply

University of Pennsylvania Law Review, PENNumbra, Vol. 157, p. 283, 2009

Brooklyn Law School, Legal Studies Paper No. 147

15 Pages Posted: 7 May 2009 Last revised: 4 Jun 2009

Nelson Tebbe

Brooklyn Law School; Cornell Law School

Abstract

This short piece replies to three prominent scholars who have offered thoughtful responses to my article, Excluding Religion. It first takes up their invitation to explore some of the ramifications of the article for legal and political theory, albeit in a limited way. Second, it revisits the article’s central argument - namely, that governments ought to have greater constitutional leeway to deny aid to religious actors and entities than is commonly thought - and shows how that proposal emerges from the conversation intact. Third, the reply defends certain limits on the practice of excluding religion, particularly the presumptive prohibition on singling out particular sects. In conclusion, the piece describes some aspirations that may legitimately motivate scholarship in this area.

Keywords: excluding religion, religious freedom, religion clauses, free exercise, free speech, first amendment

Suggested Citation

Tebbe, Nelson, Excluding Religion: A Reply. University of Pennsylvania Law Review, PENNumbra, Vol. 157, p. 283, 2009; Brooklyn Law School, Legal Studies Paper No. 147. Available at SSRN: https://ssrn.com/abstract=1400732

Nelson Tebbe (Contact Author)

Brooklyn Law School ( email )

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

Cornell Law School ( email )

Paper statistics

Downloads
64
Rank
285,790
Abstract Views
567