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
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: Suggested Citation