Tag Archives: Establishment Clause

The Supreme Court and the Establishment Clause: Town of Greece v. Galloway

Perhaps the most confused area of constitutional law is the Supreme Court’s Establishment Clause precedent, which is riddled with inconsistent and poorly-reasoned decisions. Even members of the court recognize this. The late Justice Rehnquist observed in his dissenting opinion in … Continue reading

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Can a State Bar Courts from Considering Sharia Law?

In 2010, with more than 70 percent voting in favor, the people of Oklahoma approved a constitutional amendment which required courts to rely only upon state and federal laws when deciding cases. The key provision of the constitutional amendment provided … Continue reading

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Justice Antonin Scalia, the Establishment Clause, and Religion in the Public Square

Supreme Court Justice Antonin Scalia has been described as  the “dean of the modern conservative legal movement,” and as “brilliant, contentious, [and] Catholic.” In a 2006 poll on a legal blog, Justice Scalia won by a wide margin in a vote … Continue reading

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Catholic Priest’s Conviction Reversed for Prosecutor’s Violation of the Establishment Clause

In  State of Minnesota v. Wenthe, No. 62-CR-11-1266 (Nov. 26, 2012), the Minnesota Court of Appeals employed a novel application of the Establishment Clause to reverse the conviction of a Catholic priest for sexual misconduct with a woman during the … Continue reading

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