Excluding Religion: A Reply

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In Excluding Religion: A Reply, Professor Tebbe defends his argument that as a matter of constitutional law, "governments ought to be given wider constitutional latitude to exclude religion from their support programs." Tebbe first accepts the invitations of his responders to "explore the legal implications" of his argument on political theory, concluding that while his approach may seem to "appeal chiefly to separationists, . . . [it] may also hold some appeal for people who favor greater governmental influence over matters of conscience and morality." He then devotes the remainder of his response to answer several critiques, including Professor Berg’s assertion that Excluding Religion cannot be squared with the "no-influence approach" to the First Amendment, Professor Garnett’s call for a more "muscular" form of liberalism, and Professor Smith’s criticism that Tebbe has not provided a "unitary principle" for religious freedom. Finally, Tebbe addresses why he even "bother[s]" to write in an area of law where some scholars believe arguments can only convince those readers who are already inclined to agree.

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