2004•Utah law reviewOpen access

The Institutional Side of Religious Liberty: A New Model of the Establishment Clause

Patrick M. Garry

Abstract

Ever since the Court first started hearing Establishment Clause cases, it has been mired in contradiction and confusion. None of its establishment tests have provided a consistent constitutional principle, nor have they fulfilled the historical intent of the First Amendment framers. And perhaps the most blatant mistake of the Court has been to read into the two religion clauses a tension that ultimately serves to diminish the religious liberty protected by the Constitution.

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Key concepts: Establishment Clause, Free Exercise Clause, First amendment, Law, Political science, Dependent clause, Non-finite clause, Property (philosophy)