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Article: Accommodation or endorsement? Stark v. Independent School District: Caught in the tangle of establishment clause chaos
- Article from:
- St. John's Law Review
- Article date:
- April 1, 1998
- Author:
CopyrightCopyright St. John's Law Review Association Spring 1998. Provided by ProQuest LLC. (Hide copyright information)
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"Congress shall make no law respecting an establishment of religion..."1
The simple language of the Establishment Clause of the First Amendment belies the complexity of an area of law which Justice Scalia has described as "embarrassing."2 To say that the Court has had difficulty identifying and applying the precise principles of the Establishment Clause would be an understatement.3 Recent cases indicate the Court is moving from a strict separation of church and state to a more accommodationist approach.4 However, these recent developments have done little to assist lower courts seeking guidance from the confounding array of Establishment Clause cases. Lower courts, left with no clear ...