Strict scrutiny for denominational preferences: Larson in retrospect

Patrick, Jeremy (2005) Strict scrutiny for denominational preferences: Larson in retrospect. New York City Law Review, 8 (1). pp. 53-121.

Abstract

In 1982, the U.S. Supreme Court held that laws which prefer some denominations over others are subject to strict scrutiny under the Establishment Clause instead of the standard Lemon analysis. This new, higher form of scrutiny (the Larson test), has received scant attention in subsequent Supreme Court jurisprudence and varying levels of allegiance in the lower courts. This article examines the origins and subsequent development of the Larson test and concludes that the doctrine is of questionable value.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Faculty / Department / School: Historic - Faculty of Business - Department of Law
Date Deposited: 11 Sep 2013 01:12
Last Modified: 30 Sep 2013 01:23
Uncontrolled Keywords: establishment clause; denominational preferences; religious discrimination; separation of church and state
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law
22 Philosophy and Religious Studies > 2204 Religion and Religious Studies > 220405 Religion and Society
18 Law and Legal Studies > 1801 Law > 180119 Law and Society
Socio-Economic Objective: C Society > 95 Cultural Understanding > 9504 Religion and Ethics > 950404 Religion and Society
URI: http://eprints.usq.edu.au/id/eprint/23859

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