Authors
Richard Schragger, Micah Schwartzman, Nelson Tebbe
Publication date
2024/2/20
Description
In the last few years, the Supreme Court has upended its doctrine of religious freedom under the First Amendment. The Court has explicitly rejected separationism, which limited government support of religion, and it has adopted interpretations of disestablishment and free exercise that provide special solicitude for religion. Now, the government must treat religion equally with respect to providing public benefits. But it must also grant special exemptions from regulations that burden religion. This pattern of equal treatment for benefits and special exemptions from burdens yields a doctrinal structure that gives preference to religion. We refer to this regime as structural preferentialism.
Scholar articles
R Schragger, M Schwartzman, N Tebbe - 2024