What Can We Expect of Law and Religion in 2020?

Griffin, Leslie C.

Journal: SMU Law Review Forum

Volume: 73

First Page: 73

Year: 2020

Bluebook Citation: 73 SMU L. REV. F. 73 (2020)

Author: Leslie C. Griffin: all 14 publications


Abstract

The United States is in a religion-friendly mood—or at least its three branches of government are. The Supreme Court is turning away from its Free Exercise Clause analysis that currently holds that every religious person must obey the law. At the same time, the Court is rejecting its old Establishment Clause analysis that the government cannot practice or support religion. The old model of separation of church and state is gone, replaced by an ever-growing unity between church and state.

This Article examines how much union of church and state this Court might establish.

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