Document Type
Article
Publication Date
2023
Abstract
Recently, the Supreme Court significantly limited review of partisan gerrymandering claims, closing the door to a substantial portion of redistricting challenges. However, religious-based redistricting is an overlooked area that should be explored under both federal and state Constitutions. Existing redistricting standards can easily be applied to religious gerrymandering claims. In addition, the federal Establishment Clause may provide a basis for some especially egregious instances of religious gerrymandering. However, perhaps the least explored and most viable avenue for relief is through reliance on state constitutional protections, such as the unique language of Utah’s Constitution. Using Utah as a case study, I suggest that religious gerrymandering is an area ripe for development through legal challenges.
Recommended Citation
Jacqueline Rosen, Religious Gerrymandering: A New Avenue for Redistricting Challenges?, 22(1) Election L. J.: Rules, Pol., and Pol'y 45 (Mar. 2023), available at http://doi.org/10.1089/elj.2022.0021.