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Authors

Mark S. Kouris

Abstract

The Establishment Clause of the United States Constitution is rich with history, and has been the continual subject of moral and legal interpretation. The standards used to interpret the Establishment Clause have changed and evolved over time. Yet, notwithstanding this constant metamorphosis, the clause has served well as the yardstick against which federal, state, and local statutes are measured. The Utah Constitution's counterpart to the Establishment Clause is article I, section 4. It, like the Establishment Clause, runs deep with history, but unlike the Establishment Clause, has not been the subject of significant judicial interpretation. Recently, however, this relatively untested provision of the Utah Constitution became a focal point in Society of Separationists, Inc. v. Whitehead. In Society of Separationists, the Third Judicial District Court of Utah found that the Salt Lake City Council's practice of commencing meetings with prayer violated article I, section 4 of the Utah Constitution.

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