Establishment Clause and Endorsements

Rodney Smith rsmith4 at CAPITAL.EDU
Mon Mar 17 10:13:31 PST 1997


I agree with Professor McConnell's response to Professor Brownstein.
To the extent we can get a principled handle on "endorsement," I
believe that it is just another way of saying preference for one
religion over another (or, perhaps, for religion over other matters
on conscience, with conscience being closely analogous to religion)
is constitutionally prohibited by the establishment portion of the
First Amendment.  If government actually endorses a religion (or
group of religions), it is demonstrating preference and a lack
of neutrality.

rod smith
capital university



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