DePaul Law Review Volume 42 Issue 1 Fall 1992: Symposium - Confronting the Wall of Separation: A New Dialogue Between Article 21 Law and Religion on the Meaning of the First Amendment Hostility to Religion, American Style Edward McGlynn Gaffney Jr. Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Edward M. Gaffney Jr., Hostility to Religion, American Style, 42 DePaul L. Rev. 263 (1992) Available at: https://via.library.depaul.edu/law-review/vol42/iss1/21 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact
[email protected]. HOSTILITY TO RELIGION, AMERICAN STYLE Edward McGlynn Gaffney, Jr.* INTRODUCTION On Christmas day in 1830, Stephen Girard signed a will making various bequests to relatives and friends, to the City of New Orle- ans, and to various charities.' A decade or so later, this will became famous when a greedy relative turned a posthumous family squab- ble into a Supreme Court controversy. John Girard, one of Ste- phen's heirs, sought to invalidate a provision in the will that had established a trust to operate a college for poor white orphans to be administered by the city of Philadelphia.2 Nowadays, a clever lawyer seeking to enhance his client's portion of the estate might attack the racial discrimination in the provision selecting the beneficiaries.' Since the dispute arose before the enact- ment of the Fourteenth Amendment, however, the attack focused on whether the arrangements of Stephen Girard's will were invalid be- cause they implicated the government in an educational endeavor that was antithetical or hostile to the Christian religion by excluding clerics from the faculty and administration of the college.' * Dean and Professor of Law, Valparaiso University School of Law.