Law of Church & State in the Supreme Court

From the fall of 1980 to the present the Supreme Court has handed down over 60 decisions on the issues of church and state – more than in any previous comparable period. In many of its decisions the Court has been sharply split, with the Justices vigorously arguing their various viewpoints. But the changes in the Court’s composition have had a demonstrable effect: The Court has substantially narrowed the scope of the free exercise clause as a constraint on government action and has overturned a number of its prior establishment clause rulings. On both clauses the Court’s interpretations are now giving government much more discretion to take actions that affect religious institutions and practices. Nonetheless the Court is sharply divided on how to interpret and apply both the free exercise clause, and the establishment clause, and the outcome of particular cases is often unpredictable. The period since 1980 has been a profoundly important time for the law of church and state in the Supreme Court. The arguments both on and off the Court about the proper relationship of government and religion have been spirited and extensive, and the Court has issued dozens of rulings on specific issues. This book summarises the doctrinal debates and shifts on the religion clauses that have occurred on the court during this period. It summarises and examines as well the legal effect of each of the decisions the Court has handed down concerning church and state since 1980. An Appendix lists each of the Justices voted on the decisions.