|
|
Article: Coordinating the exercise and Establishment Clauses: a narrow Establishment Clause test for government funding of prisoner rehabilitation services by religious providers.
- Article from:
- Ave Maria Law Review
- Article date:
- March 22, 2008
- Author:
CopyrightCOPYRIGHT 2008 Ave Maria School of Law. 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)
|
INTRODUCTION
Any time religious organizations interact with government, there looms the potential application of the Establishment Clause. (1) Its invocation becomes a near certainty whenever public funds pass to religious institutions. (2) But this is where the certainty ends, because the Court's Establishment Clause jurisprudence has become mired in a web of confusing and contradictory rules. (3) The Court has been unable to settle on any one test or model, even in cases that present similar facts. (4) As one scholar has noted, "[T]he Supreme Court's Establishment Clause jurisprudence is a mess--both hopelessly confused and deeply contradictory." (5) Because of ...