University of Maryland Law Journal of Race, Religion, Gender and Class Volume 15 | Issue 1 Article 3 The Lingering Bigotry of State Constitution Religious Tests Allan W. Vestal Follow this and additional works at: http://digitalcommons.law.umaryland.edu/rrgc Part of the First Amendment Commons Recommended Citation Allan W. Vestal, The Lingering Bigotry of State Constitution Religious Tests, 15 U. Md. L.J. Race Relig. Gender & Class 55 (2015). Available at: http://digitalcommons.law.umaryland.edu/rrgc/vol15/iss1/3 This Article is brought to you for free and open access by the Academic Journals at DigitalCommons@UM Carey Law. It has been accepted for inclusion in University of Maryland Law Journal of Race, Religion, Gender and Class by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact
[email protected]. Vestal THE LINGERING BIGOTRY OF STATE CONSTITUTION RELIGIOUS TESTS Allan W. Vestal INTRODUCTION In her Town of Greece dissent Justice Elena Kagan describes the position of a citizen who does not conform to state-sponsored religious practice: . she becomes a different kind of citizen, one who will not join in the religious practice that the Town Board has chosen as reflecting its own and the community’s most cherished beliefs. And she thus stands at a remove, based solely on religion, from her fellow citizens and her elected representatives.1 In Justice Kagan’s example, a Muslim citizen wishes to appear before the town board. Before she appears “a minister deputized by the Town asks her to pray ‘in the name of God’s only son Jesus Christ.’”2 Given the evident connection between Christian worship and the board,3 she faces a choice: .