RELIGIOUS MINORITIES AND THE FIRST AMENDMENT : THE HISTORY , THE DOCTRINE , AND THE FUTURE Stephen
نویسنده
چکیده
Progressive or liberal constitutional scholars who focus on religious freedom have not been pleased with the Rehnquist Court.' For more than a decade, it seems, the Court has been handing down decisions that have twisted the Free Exercise and Establishment Clauses in an unduly conservative direction. Most notably, Employment Division v. Smith radically transformed free exercise doctrine, while Zelman v. Simmons-Harris,3 the voucher case, consolidated the Court's recent Establishment Clause cases into a modified doctrinal approach. As a consequence, First Amendment protections have apparently shrunken to their smallest since World War II, especially for religious minorities.4
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