15 Pages Posted: 12 Nov 2002
Date Written: November 2002
This essay focuses on the appropriate methodology for analyzing establishment clause cases. After concluding that the Court has variously employed "separation," "neutrality," and "accommodation" in its analysis, the essay evaluates the benefits and detriments of each. Focusing on both Deific recognition (e.g. school prayer) and public financing of Parochial education, the essay concludes that the Court is moving towards "neutrality" as the preferred standard. The essay concludes that this is a desirable trend that ought to be accelerated.
Keywords: Establishment clause, religion, neutrality
Suggested Citation: Suggested Citation
Loewy, Arnold H., The Positive Reality and Normative Virtues of a 'Neutral' Establishment Clause (November 2002). Brandeis Law Journal, 2003. Available at SSRN: https://ssrn.com/abstract=348523 or http://dx.doi.org/10.2139/ssrn.348523