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Religion & Law

: Constitutionally Correct

Law Review: Disestablishing Deism: Advocating Free Exercise Challenges to State-Induced Invocations of God

By Alliance Alert

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Disestablishing Deism: Advocating Free Exercise Challenges to State-Induced Invocations of God Michael Blank, 31 Wash. U. J.L. & Pol'y 157 (2009) "Section A of Part I examines the evolution of the definition of religion and asserts that Atheism is a religion for First Amendment purposes. Section B of Part I discusses Establishment Clause jurisprudence, while Section C details how that doctrine has failed or would fail in challenges to state-induced invocations of god, highlighting the four examples of ceremonial deism aforementioned. Section D of Part I reviews Free Exercise Clause jurisprudence, and Part II outlines how Free Exercise challenges stand to succeed where Establishment Clause challenges to the Pledge of Allegiance, legislative prayer, oaths of office, and oaths of witnesses, have failed or would fail if attempted. This Note concludes by proposing that Atheists pursue Free Exercise challenges to state-induced invocations of god."

Full post as published by Constitutionally Correct on February 10, 2010 (boomark / email).