The Establishment Clause, a part of the First Amendment of the U.S. Constitution, serves to limit the government from ...

When a legislative body grants religious groups more liberty than the Supreme Court has interpreted the Free Exercise Clause to require, the government potentially violates the Establishment Clause, ...

A month ago, the Supreme Court granted two certiorari petitions that seek review of a Fourth Circuit ruling that illustrates the sorry mess of the Court’s existing Establishment Clause precedents. At ...

Thanks very much, again, to The Volokh Conspiracy for inviting me to blog about my recent paper on Justice Breyer's decisions and votes in Establishment Clause cases. In this post, I sketch a second ...

Type to search articles, cases, and authors. Press ↵ to view all results. Marci A. Hamilton is Robert A. Fox Professor of Practice and Senior Resident Fellow of the Program for Research on Religion at ...

On Wednesday, February 25, the Supreme Court decided Pleasant Grove City, Utah v. Summum, an easy and insignificant free speech case. Unfortunately, the Court sidestepped the profound Establishment ...

In the run-up to Dobbs, I identified many areas of the law that abortion had distorted. Among these epicycles were stare decisis, freedom of speech, facial challenges, the tiers of scrutiny, ...

One of the big legal issues facing our country is where and how we are going to draw the line between religion and the government. And church and state arguably got a bit closer this week — before the ...

On June 5, Oklahoma voted to allow a new Christian charter school, St. Isidore of Seville Catholic Virtual School, to benefit from taxpayer funding on par with non-sectarian public schools. Activists ...

Type to search articles, cases, and authors. Press ↵ to view all results. Heather L. Weaver is a senior staff attorney for the Program on Freedom of Religion and Belief at the American Civil Liberties ...