Quo vadis: the status and prospects of "tests" under the religion clauses

Article Abstract:

Establishment Clause and Free Exercise jurisprudence in the US Supreme Court in the early 1990s has been marked by the rejection of established constitutional tests regarding religion and the failure of the Court to articulate replacements for these standards. In two 1995 cases, the Court addressed the interplay of the Establishment Clause and the free speech rights of religious speakers. These cases do suggest that equal treatment in the form of content neutrality may determine the level of scrutiny that will be applied to government action that has an effect on religion.

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The constitutionality of the Good Friday holiday

Article Abstract:

No per se rule can be established on the constitutionality of Good Friday as a legal holiday, and, despite their apparent contradiction, both Cammack v. Waihee and Metzl v. Leininger were decided correctly on the facts. A state Good Friday holiday passed today would, absent strong evidence of a secular purpose, such as traditionally high absenteeism at that time, probably be considered to violate the Constitution. The courts must strike down as violating the Establishment Clause all governmental practices which appear to choose one religious group over another.

Holidays, Good Friday

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Reason, religion, and avoidable consequences: when faith and the duty to mitigate collide

Article Abstract:

A reasonable believer standard for determining damage awards in cases where the injured victim's religiously motivated opposition to medical treatment worsened injuries would reconcile first amendment protections with tort doctrines requiring mitigation of damages. The standard would prohibit courts from allowing juries to impermissibly evaluate the reasonableness of religious beliefs and at the same time excuse tortfeasors from having to compensate injuries which could have reasonably been avoided.

Cases, Personal injuries, Limitation of damages, Limitations of damages, Extenuating circumstances

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