The Positive Reality and Normative Virtues of a 'Neutral' Establishment Clause

15 Pages Posted: 12 Nov 2002  

Arnold H. Loewy

Texas Tech University School of Law

Date Written: November 2002

Abstract

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

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

Arnold H. Loewy (Contact Author)

Texas Tech University School of Law ( email )

1802 Hartford
Lubbock, TX 79409
United States

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