Abstract
The establishment clause of the first amendment, despite its two-hundred-year history, was first construed by the United States Supreme Court only three decades ago. That construction, however, did not silence all speculation about the meaning of the clause. Instead, it reflected two competing interpretations of the prohibition against an established religion: absolute separation of church from state, or some accommodation of church by state. Shortly thereafter, in cases challenging the constitutionality of "released-time" religious education programs, the competing separation and accommodation constructions emerged clearly, with both being relied on by the Court. The confusion that resulted from those ambiguous standards' was the legacy of the Tenth Circuit Court of Appeals in Lanner v. Wimmer. In Lanner, the court found portions of a Utah school district's released-time program unconstitutional but simultaneously expanded permissible churchstate involvement in education.
Recommended Citation
Shaw, Elizabeth A.
(1982)
"New Rewards for Released-Time: Lanner v.
Wimmer Expands Constitutional Church-State
Involvement,"
Utah Law Review: Vol. 1982:
No.
4, Article 7.
Available at:
https://dc.law.utah.edu/ulr/vol1982/iss4/7