God and Caesar in the Twenty-First Century: What Recent Cases Say About Church-State Relations in England and the United States

32 Pages Posted: 31 May 2007 Last revised: 4 Nov 2007

Judith D. Fischer

University of Louisville - Louis D. Brandeis School of Law

Chloe Wallace

University of Leeds - School of Law

Abstract

This article analyzes current jurisprudence covering the relationship of church and state in the United States and England. The co-authors present background about the history of religious establishment and church-state jurisprudence in the two countries. They then discuss the effects of each country's recent cases on the subject. From the U.S., they discuss the Supreme Court's 2005 decisions in McCreary County v. ACLU of Kentucky and Van Orden v. Perry. Those cases, brought under the Establishment Clause of the First Amendment to the United States Constitution, concerned Ten Commandments displays on government property in Kentucky and Texas. The authors also discuss recent U.K. cases, including the Denbigh High School case, which involved Muslim dress in school. The authors conclude that the two countries are moving closer to each other on the continuum between establishment and disestablishment of religion.

Keywords: Church, state, religion, government, United States, England, United Kingdom, U.K., Britain, establishment, disestablishment, McCreary County, Van Orden, Establishment Clause, First Amendment, Constitution, Ten Commandments, Kentucky, Texas, Muslim dress, Denbigh High School, Islam, school

Suggested Citation

Fischer, Judith D. and Wallace, Chloe, God and Caesar in the Twenty-First Century: What Recent Cases Say About Church-State Relations in England and the United States. Florida Journal of International Law, Vol. 18, p. 485, 2006; University of Louisville School of Law Legal Studies Research Paper Series No. 2007-07. Available at SSRN: https://ssrn.com/abstract=989815

Judith D. Fischer (Contact Author)

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

Chloe Wallace

University of Leeds - School of Law

Leeds LS2 9JT
United Kingdom

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