The Positive Reality and Normative Virtues of a 'Neutral' Establishment Clause
Arnold H. Loewy
Texas Tech University School of Law
Brandeis Law Journal, 2003
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.
Number of Pages in PDF File: 15
Keywords: Establishment clause, religion, neutrality
Date posted: November 12, 2002