Abstract: This Essay argues that a fundamental shift in the conceptualization of rights has taken place under the religion clauses as a result of the Supreme Court’s move toward formal neutrality and tradition analysis. This shift has affected the perception of rights under both the Establishment Clause and the Free Exercise Clause. The result is that doctrines and principles that were once designed, at least in part, to navigate religious pluralism and protect religious minorities have given way to doctrines and principles that have the effect of favoring dominant religions and religious entities. The impact of this shift, which is rarely analyzed as a discreet concern, will have lasting consequences.
Publication Year: 2008
Publication Date: 2008-01-01
Language: en
Type: article
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