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The Incoherence of Neutrality: A Case for Eliminating Neutrality From Religion Clause Jurisprudence

The Incoherence of Neutrality: A Case for Eliminating Neutrality From Religion Clause Jurisprudence

July 1, 2003
Attorneys

The Supreme Court has said more than thrice that government must remain neutral toward religion; however, the Court has never clearly stated what government neutrality is. A neutral government remains like Lewis Carroll's snark: imagined, spoken about, but never found. This essay argues that neutrality cannot be a useful guide in mapping the complex relationship between church and state. The term itself is incoherent and its underlying premise-government action or inaction free of value choice-is impossible.

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