Document Type

Article

Publication Date

5-2008

Keywords

Establishment clause, Free exercise of religion

Disciplines

Constitutional Law | First Amendment | Religion Law

Abstract

This Article considers whether government may single out religious actors and entities for exclusion from its support programs. The problem of selective exclusion has recently sparked interest in lower courts and in informal discussions among scholars, but the literature has not kept pace. Excluding Religion argues that government generally ought to be able to select religious actors and entities for omission from support without offending the Constitution. At the same time, the Article carefully circumscribes that power by delineating several limits. It concludes by drawing out some implications for the question of whether and how a constitutional democracy ought to be able to influence private choices concerning matters of conscience.

Comments

This article predates the author's affiliation with Cornell Law School.

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