Pounding a Final Stake in the Heart of the Invidiously Discriminatory 'Pervasively Sectarian' Test

64 Pages Posted: 21 Feb 2013

Date Written: May 16, 2008

Abstract

This article traces the rise of the “pervasively sectarian” test in the U. S. Supreme Court from its inception in Lemon, through Hunt, Meek, Roemer, Wolman, Regan, Mueller, Aguilar, and School District of Grand Rapids v. Ball. The article then traces its descent in Witters, Bowen, Zobrest, Agostini, and Mitchell v. Helms. The article then examines the confusion in the post-Mitchell cases as to the continued vitality of the pervasively sectarian test, briefly analyzes the Executive Branch’s perspective on the test, and concludes by examining the Tenth Circuit’s solution in the Colorado Christian University case.

Keywords: pervasively sectarian, Prison Fellowship, Evangelical Christian, Colorado Christian University, integration of faith and learning, church-related schools, religiously affiliated schools, Hunt, Meek, Roemer, Wolman, Regan, Mueller, Aguilar, School District of Grand Rapids v. Ball, Witters, Bowen

JEL Classification: K19, K39

Suggested Citation

Davids, James A., Pounding a Final Stake in the Heart of the Invidiously Discriminatory 'Pervasively Sectarian' Test (May 16, 2008). Ave Maria Law Review, Vol. 7, No. 1, p. 59, 2008. Available at SSRN: https://ssrn.com/abstract=2221045

James A. Davids (Contact Author)

Regent University School of Law ( email )

1000 Regent University Drive
Virginia Beach, VA 23464
United States
757/352-4783 (Phone)

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