Abstract
AbstractThis chapter describes a legal strategy that accommodates both the rights of religious lawmakers to the free exercise of their religious convictions and the free exercise and Citizenship Rights of other citizens. The proposed legal assessment model is based on an expanded test for Establishment Clause violations. It invalidates religiously influenced laws in a limited range of circumstances when Establishment Concerns are present, and when infringements on Citizenship Rights cannot be fully justified by a secular rationale and/or by a compelling state interest.
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