Strict Scrutiny for Denominational Preferences: Larson in Retrospect

New York City Law Review, Vol. 8, p. 53, 2005

69 Pages Posted: 22 Feb 2007

See all articles by Jeremy Patrick

Jeremy Patrick

University of Southern Queensland School of Law

Abstract

In 1982, the U.S. Supreme Court held that laws which prefer some denominations over others are subject to strict scrutiny under the Establishment Clause instead of the standard Lemon analysis. This new, higher form of scrutiny (the Larson test), has received scant attention in subsequent Supreme Court jurisprudence and varying levels of allegiance in the lower courts. This article examines the origins and subsequent development of the Larson test and concludes that the doctrine is of questionable value.

Keywords: Denominational Preferences, Establishment Clause, Religious Freedom

JEL Classification: K30

Suggested Citation

Patrick, Jeremy J., Strict Scrutiny for Denominational Preferences: Larson in Retrospect. New York City Law Review, Vol. 8, p. 53, 2005, Available at SSRN: https://ssrn.com/abstract=964493

Jeremy J. Patrick (Contact Author)

University of Southern Queensland School of Law ( email )

Room Q-416
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Toowoomba, QLD 4350
Australia
+61 7 4631 5374 (Phone)

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