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

Date

2003

Authors

Loewy, Arnold H.

Journal Title

Journal ISSN

Volume Title

Publisher

Brandeis Law Journal

Abstract

It is the thesis of this Article that in both the Deific recognition and government financing cases, the Court is moving towards neutrality as its presumptive standard. A further thesis is that this is a good thing and probably should be accelerated. The essay begins by evaluating the relative merits of separation, accommodation, and neutrality.

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Keywords

Establishment clause, Separation, Accommodation, Neutrality, Religion

Citation

41 Brandeis L.J. 533