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Article: Religious liberty as a positive and negative right.(Symposium: A Second-Class Constitutional Right? Free Exercise and the Current State of Religious Freedom in the United States)
- Article from:
- Albany Law Review
- Article date:
- September 22, 2007
- Author:
CopyrightCOPYRIGHT 2007 Albany Law School. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. INTRODUCTION
In several articles Professor Fred Gedicks has argued that the rules governing the religious liberty interests vary depending on the application and functionality of that interest. For example, Gedicks writes in his "Two-Track Theory" that when the government is distributing benefits to a large class of individuals, neutrality should be the controlling paradigm, such that religious entities can participate in the receipt of benefits, and even use those benefits for religious purposes, without violating the Establishment Clause. (1) Conversely, when the government is speaking itself or advancing its own policy goals in a government administered ...