Document Type
Article
Publication Title
Supreme Court Review
Publication Date
1992
Page Number
123
Disciplines
Law
Abstract
For more than two decades, the Supreme Court's Establishment Clause jurisprudence was "at war with" its Free Exercise jurisprudence. In recent years, however, two major decisions--"Employment Division v. Smith" and "Lee v. Weisman"--have effected a significant shift in our religion clause jurisprudence. In this article I will suggest that, considered together, these two decisions have merely replaced one form of incoherence with another. In particular, I will suggest that either decision could be justified alone--and indeed, that either standing alone would be an improvement on the Court's previous religion clause doctrine--but that together they make little sense.
Recommended Citation
Suzanna Sherry,
Lee v. Weisman: Paradox Redux, 1992 Supreme Court Review. 123
(1992)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/332