Strict Scrutiny for Denominational Preferences: Larson in Retrospect
New York City Law Review, Vol. 8, p. 53, 2005
69 Pages Posted: 22 Feb 2007
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: Suggested Citation