The Quietly Crumbling Wall of Separation
…ative attempts to remedy Smith’s damage may actually leave some plaintiffs better able to defend their free-exercise rights than before. And other rulings on both free-exercise and non-establishment cases—such as in employment cases involving churches and cases involving government-sanctioned prayer—have maintained a distinctiveness for religion as a constitutional category. But other learned First Amendment scholars—such as Marci Hamilton of Yesh…
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