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Does the 14th Amendment prohibit discrimination based on religion?
What was the purpose of the Equal Protection Clause?
Does the Equal Protection Clause guarantee nondiscriminatory law?
Is the Equal Protection Clause a pluralist theory?
16 Michael A. Paulsen, Religion, Equality, and the Constitution: An Equal Protection Approach to Establishment Clause Adjudication, 61 Notre Dame L. Rev. 311 (1986). 17 Bernadette Meyler, The Equal Protection of Free Exercise: Two Approaches and their History, 47 Boston College L. Rev. 274 (2006).
Arguing that religion should be protected under the Equal Protection Clause. Arguing that the Fourteenth Amendment forbids all discrimination based on religion, just as it forbids race-based classification. Focusing on the Equal Protection Clause’s anti-caste and class-animating principle, arguing that its scope is broad.
Steven G. Calabresi and Abe Salander, Religion and the Equal Protection Clause: Why the Constitution Requires School Vouchers, 65 Fla. L. Rev. 909 (2013). Available at: https://scholarship.law.ufl.edu/flr/vol65/iss4/1 This Article is brought to you for free and open access by UF Law Scholarship Repository. It has been accepted for
- Steven G. Calabresi, Abe Salander
- 2013
Amendment Equal Protection Clause. Challenges to discrimination based on religion are hardly ever brought under the Equal Protection Clause. Where government ac-tion interferes with or coerces religious practice, challenges are al-most always analyzed under the Free Exercise and Establishment
- Susan Gellman, Susan Looper-Friedman
- 2008
Ratified as it was after the Civil War in 1868, there is little doubt what the Equal Protection Clause was intended to do: stop states from discriminating against blacks. But the text of the Clause is worded very broadly and it has come a long way from its original purpose.
The Supreme Court has recognized that the Free Exercise Clause “protect [s] religious observers against unequal treatment.” 1. Thus, even after Employment Division v. Smith held that laws burdening religion generally will not violate the Free Exercise Clause if they are neutral and generally applicable, 2.
Supreme Court cases recognizing protection s for religious speech have explored the precise relationship between the Free Speech and Free Exercise Clause s. The Court has recognized that each Clause protects private religious speech on its own, 3 Footnote
