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Authors

David S. Hill

Abstract

Establishment Clause jurisprudence is fraught with a myriad of competing philosophies and intricate tests. Among commentators, judges, and lawyers, no one is completely satisfied with any of the approaches created thus far. Such conflict and complexity invites the temptation to simplify matters by employing more heavy-handed approaches aimed at displacing ambiguities with absolutes, or refusing to address them at all. However, when dealing with a sensitive topic like religious liberty, more sensitive tools must be used. The imperfection of the endorsement test may not always yield the best results, but it does address many of the viable constitutional concerns inherent in an Establishment Clause claim. It allows for some religious accommodation, while maintaining a healthy restraint on government activity that constitutes an official endorsement of religion.

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