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Churches and Government Funding

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Abstract

In Trinity Lutheran, the Supreme Court ended its 2016 term with a sweeping affirmation of one of the most fundamental principles of the Religion Clause of the First Amendment: That no one can be penalized for their religion, or lack of it, by denial of a secular benefit to which they would otherwise be legally entitled. A number of legal academics leapt on the decision as an unprecedented assault on the time-honored constitutional principle of church-state separation. I will explain why that is not so. Trinity Lutheran offers a path forward on an issue that has bedeviled the courts for several decades.

Michael W. McConnell, "Churches and Government Funding," Journal of Markets & Morality 21, no. 1 (Spring 2018): 49-69


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