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Article   |   Volume 156, Issue 5

Excluding Religion

By
Nelson Tebbe

May 2008










Tebbe’s Article considers whether the government may single out religious actors and entities for exclusion from its support programs. The problem of selective exclusion has recently sparked interest in lower courts and in informal discussions among scholars, but the literature has not kept pace. Excluding Religion argues that the government generally ought to be able to select religious actors and entities for omission from support without offending the Constitution. At the same time, the Article carefully circumscribes that power by delineating several limits. It concludes by drawing out some implications for the question of whether and how a constitutional democracy ought to be able to influence private choices concerning matters of conscience.

Excluding Religion - PennLawReview.com


Responses to this Article
By
Nelson Tebbe


By
Steven D. Smith


By
Richard W. Garnett


By
Thomas C. Berg



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