Strict scrutiny for denominational preferences: Larson in retrospect
Article
Patrick, Jeremy. 2005. "Strict scrutiny for denominational preferences: Larson in retrospect." New York City Law Review. 8 (1), pp. 53-121.
Article Title | Strict scrutiny for denominational preferences: Larson in retrospect |
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Article Category | Article |
Authors | |
Author | Patrick, Jeremy |
Journal Title | New York City Law Review |
Journal Citation | 8 (1), pp. 53-121 |
Number of Pages | 69 |
Year | 2005 |
Place of Publication | Flushing, NY. United States |
Abstract | In 1982, the U.S. Supreme Court held that laws which prefer some denominations over others are subject to strict scrutiny under the Establishment Clause instead of the standard Lemon analysis. This new, higher form of scrutiny (the Larson test), has received scant attention in subsequent Supreme Court jurisprudence and varying levels of allegiance in the lower courts. This article examines the origins and subsequent development of the Larson test and concludes that the doctrine is of questionable value. |
Keywords | establishment clause; denominational preferences; religious discrimination; separation of church and state |
ANZSRC Field of Research 2020 | 480702. Constitutional law |
500405. Religion, society and culture | |
480499. Law in context not elsewhere classified | |
Byline Affiliations | York University, Canada |
Institution of Origin | University of Southern Queensland |
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https://research.usq.edu.au/item/q2056/strict-scrutiny-for-denominational-preferences-larson-in-retrospect
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