Course Description

This course examines the First Amendment's Establishment and Free Exercise Clauses. The two Religion Clauses have been and continue to be a focus of extensive controversy in the legal and political arenas. The course will examine Supreme Court opinions interpreting the Religion Clauses. Topics arising under the Establishment Clause include prayer in public school classrooms, religious symbols on public property, and government funding of parochial school education. Topics arising under the Free Exercise Clause include the rights of conscientious objectors to be exempt from military service, the rights of members of a religion to engage in animal sacrifice as part of a religious ritual, and the rights of employees to refuse to work on religious holy days. Particular attention will be paid to the relationship between the Establishment and Free Exercise Clauses. The reading materials for the course have been prepared by the instructor. The specialized nature of the course allows students to gain expertise in this one area of constitutional law rather than surveying a variety of areas. Beyond the specifics of the subject area, the course material will give students an opportunity to examine carefully the use and misuse of precedents. We do not expect to offer this course in the 2012-13 academic year.