Abstract

Abstract This chapter explores two cases representing the category of government-endorsed religious symbols in public spaces. It explores (section 3.1.1) the Bladensburg Cross case, in which the US Supreme Court decided that the cross does not violate the Establishment Clause of the First Amendment. The chapter then discusses the Lautsi case (section 3.1.2), in which the Italian government defended its policy mandating the placement of the crucifix in public schools in Italy before the European Court of Human Rights. It then explores the importance of public spaces (section 3.2) defined as publicly owned spaces used by the public. It explores (section 3.3) the view that governmental endorsement of religious symbols in public spaces fits within a majoritarian model. This view—“the religious majoritarian approach” (RMA)—is defined and analyzed. Subsequently, the chapter presents (section 3.4) critiques of this approach. It concludes (section 3.5) that, while the RMA is ill-advised, it is permissible within the contours of democratic politics.

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