Justice Brent E. Dickson, State Constitutional Interpretation, and the Religion Provisions of the Indiana Constitution
27 Pages Posted: 7 Feb 2017
Date Written: December 6, 2016
This article studies the opinions of Indiana Supreme Court Justice Brent E. Dickson in three cases in which he interpreted and applied several of the seven religion provisions of the Indiana Constitution. His opinions in these cases provide insight into the Indiana Supreme Court's and his method of constitutional interpretation, and they explicate the meaning of several of Indiana's religion provisions. This study develops in several steps. First, it discusses the three Indiana Supreme Court cases. Second, it explores the court's method of state constitutional interpretation, which Justice Dickson helped to bring into sharper focus. Third, it analyzes his interpretation of several religion provisions in these cases. Fourth, it concludes with some observations regarding his careful application of the court's interpretive method and key features of the court's religion provisions jurisprudence.
Keywords: state constitutional interpretation, state religious freedom protections
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