The Rules of the Game: "Play in the Joints" between the Religion Clauses


This article uses the case of Locke v. Davey as an exemplar of the new Establishment clause jurisprudence which has opened the door for greater governmental support of sectarian schools and enterprises. What I believe has not been truly appreciated is that the rhetorical approach that fostered the change, if followed consistently, should increase the government’s burden in justifying pressures or sacrifices of personal rights such as Joshua Davey faced in the exemplar case.


Constitutional Law | Education Law | Religion Law

Date of this Version

September 2005