Religious Choice and Exclusions of Religion

Professor Berg argues that Professor Tebbe’s justifications for his argument fail because religious choice is a central purpose of the Religion Clauses. After rejecting Tebbe’s justifications and criticizing Tebbe’s interpretation of legal precedent, Berg concludes that “Tebbe’s argument for government discretion to exclude religion succeeds only if preserving the religious choice of individuals and groups is not a fundamental First Amendment value.”

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