Zelman,discretionary accommodations and the distinctive natu re ofreligion

[Steve Jamar]

How can government funding of religious education not "affect individual choice
in matters of religion"?

"Berg, Thomas C." wrote:

> Religion can still be constitutionally distinctive in the sense that
> government should, as much as possible, avoid creating incentives to
> practice religion or not practice it, i.e. should avoid affecting individual
> choice in matters of religion.  That principle can explain Zelman -- indeed,
> it is central to the Agostini/Mitchell test applied in Zelman.

--
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
2900 Van Ness Street NW                   mailto:sjamar at law.howard.edu
Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/

"The longer I live, the more I read, the more patiently I think, and the more
anxiously I inquire, the less I seem to know. . ..  Do justly.  Love mercy.
Walk humbly.  This is enough."

John Adams, in a letter to his granddaughter, as quoted on p. 650 of
McCulloch's biography of Adams.