The Law of Church and State: U.S. Supreme Court Decisions Since 2002 (CRS Report for Congress)
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| Release Date |
Revised March 14, 2008 |
| Report Number |
RL34223 |
| Report Type |
Report |
| Authors |
Cynthia M. Brougher, American Law Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
The First Amendment to the U.S. Constitution provides that "Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof...." The language is commonly referred to as the Establishment Clause and the Free Exercise Clause. The two clauses serve to balance the collective freedom so that the government may neither coerce nor prohibit citizens' participation in religion. The U.S. Supreme Court historically has rendered its decisions on both clauses without applying brightline rules.
Political developments have raised new questions of church-state relations. Since taking office in 2001, President George W. Bush has implemented the Faith-Based Initiative, which has brought several First Amendment issues to the Court. Legislation provides vouchers for private schools and public funding to religious organizations with a social purpose. Furthermore, the makeup of the Court has changed, with Chief Justice Roberts and Justice Alito replacing Chief Justice Rehnquist and Justice O'Connor. This may result in a shift in the Court's understanding of the religion clauses.
In the cases decided in the midst of these changes, the balance between non-establishment and free exercise continues to be decided on the basis of the facts specific to each case. The Court has decided somewhat similar cases differently, with the outcome turning on the details, suggesting that specific context may be the most determinative factor in church-state decisions. This report explains the holdings of each of the Court's church-state cases since 2002, and also explains the position of Justices who concurred in the judgments or dissented in each case.
This report is intended to supplement CRS Report 98-65, The Law of Church and State: Developments in the Supreme Court Since 1980, by David M. Ackerman (last updated in 2002). It will be updated as the Supreme Court renders relevant new decisions.
