State Funding of Devotional Studies: A Failed Jurisprudence that has Lost Its Moorings
AbstractThe Courtâ€™s attitude toward the public funding of devotional studies can best be described as ambivalent. Not long ago, devotional studies were viewed as one of the few kinds of study that the State clearly could not fund. Then, the Court did an about-face, implying that public funding of devotional studies does not violate constitutional guarantees, because that kind of study cannot be distinguished for constitutional purposes from other kinds of permissibly funded areas of study. Still more recently, the Court changed course yet again, suggesting that states may but need not refuse to fund such studies, reverting to the position that there is something about devotional studies that distinguishes it from other kinds of study for constitutional purposes, while nonetheless reaffirming that this area of study is not so different that the Establishment Clause bars its being funded, at least indirectly. While the most recently articulated position seems to be a kind of compromise that neither prohibits nor requires states to provide funds for devotional studies, this newest formulation of the parameters of the Establishment Clauses is neither stable nor satisfying. The Courtâ€™s current position will likely undergo yet another transformation, making the constitutional limitations and protections in this area even murkier and more confusing.
How to Cite
. State Funding of Devotional Studies: A Failed Jurisprudence that has Lost Its Moorings. Journal of Law and Family Studies, [S.l.], v. 11, n. 1, feb. 2009. Available at: <http://epubs.utah.edu/index.php/jlfs/article/view/84>. Date accessed: 25 feb. 2018.
Copyright Utah Law Review All Rights Reserved.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).