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Law Review Articles Law Review Articles 1. Church and State in the United States: Competing Conceptions and Historic Changes Indiana Journal of Global Legal Studies 13 Ind. J. Global Legal Stud. 503 This article explains the separation of church and state in the United States. 2. Crowns and Crosses: The problems of Politico-Religious Visits as they Relate to the Establishment Clause of the First Amendment Harvard Journal of Law and Public Policy 3 Harv. J.L. & Pub. Pol’y 227 This article examines whether the Pope or any similar leader should be treated as a head of state or as the representative of a religious group. 3. Damages and Damocles: The Propriety of Recoupment Orders as Remedies for Violations of the Establishment Clause Notre Dame Law Review 83 Notre Dame L. Rev. 1385 In Americans United for Separation of Church & State v. Prison Fellowship Ministries, the court required “a private party, at the behest of another private party, to reimburse the public treasury when the government itself ha[d] not sought reimbursement” for a violation of the Establishment Clause. This Note offers background about taxpayer standing, restitution lawsuits, and background on the Establishment Clause. 4. Accommodation of Religion in Public Institutions Harvard Law Review 100 Harv. L. Rev. 1639 This artcile examines establishment clause problems attaching to government efforts to recognize religion in public institutions under an ‘accommodation’ rationale. Section A introduces the justification for allowing government recognition of religion in public institutions and discusses the difficulty of applying traditional establishment clause analysis to actions taken under this justification. It then proposes that the ambiguities in establishment clause analysis should be explicitly resolved so as to prevent majoritarian infringements of the religious autonomy of minorities. Section B addresses the problem of government adoption of religious symbols or practices in public life 5. The Original Meaning of the Establishment Clause and the Impossibility of its Incorporation University of Pennsylvania Journal of Constitutional Law 8 U. Pa. J. Const. L. 585 At least the three competing accounts of the original meaning of the Establishment Clause inform church-state jurisprudence. More than fifty years after the Supreme Court first turned to the Framers to interpret the Establishment Clause, the Court remains divided over what the Framers actually meant. One might have expected that a half-century of legal scholarship and constitutional development would have clarified the historical record, but the opposite seems to have occurred. This failure of scholarship and jurisprudence may help explain why the Court’s Establishment Clause jurisprudence remains, as Justice Thomas once described it, “in hopeless disarray.” 6. The Position of the Holy See and Vatican City State in International Relations University of Detroit Mercy Law Review 83 U. Det. Mercy L. Rev. 729 The section of this article examining the difference between the Holy See and Vatican City State might be beneficial to the group’s topic. News & Press Releases 1. Cape May backs away from decision to broadcast the Papal Mass Americans United complained to officials that the city’s sponsorship of the papal Mass broadcast at Cape May Convention Hall was in violation of the U.S. Constitution. http://www.pressofatlanticcity.com/features/pope_francis/cape-may-backs-away-from-pope- francis-broadcast/article_4a706842-5c11-11e5-af79-ef678d416e7a.html 2. Ensuring Separation of Church and State This article profiles M. Kelly Tillery and the lawsuit he filed against the city of Philadelphia before Pope John Paul II’s visit in 1979. http://articles.philly.com/2015-07-27/news/64884606_1_world-meeting-pope-francis-ken-gavin 3. What will the Pope’s visit cost the American public? Examines the cost to U.S. taxpayers might incur because of the Pope’s visit. http://www.nj.com/news/index.ssf/2015/09/what_will_the_popes_visit_cost_the_american_publi c.html 4. Suburbs cry foul over city deal on Papal bills Philadelphia suburbs are incurring costs due to the Pope’s visit, but they are not being reimbursed like the city of Philadelphia is for its costs. http://www.philly.com/philly/news/pope/20150925_Suburbs_cry_foul_over_city_deal_on_papal _bills.html 5. Cities Hosting Pope Francis Must Take Pains To Protect Church-State Separation, Says Americans United A press release from Americans United for Separation of Church and State explaining their concerns about the Pope’s visit. https://au.org/media/press-releases/cities-hosting-pope-francis-must-take-pains-to-protect- church-state-separation 6. Pope Problems: Papal Visit Incurs Significant Taxpayer Expense This is a press release from Americans United for Separation of Church and State outlining the group’s concern about taxpayer expenses due to the Pope’s visit. https://www.au.org/blogs/wall-of-separation/pope-problems-papal-visit-incurs-significant- taxpayer-expense Other This is a letter sent by Americans United for Separation of Church and State to the Mayors of New York, Philadelphia, Washington D.C. outlining the groups concerns with the Pope’s visit. https://au.org/files/pdf_documents/2015-08-31_PopeVisitLetter.pdf Constitutional Meanings of Religion Past and Present Select case law related to the issue of religious liberty Cullen, Patrick 10/7/2015 For Educational Use Only CHURCH AND STATE IN THE UNITED STATES:..., 13 Ind. J. Global... 13 Ind. J. Global Legal Stud. 503 Indiana Journal of Global Legal Studies Summer, 2006 Symposium: La Conception Américaine de la Laïcité University of Paris II (Panthéon-Assas)--Paris, France, January 28, 2005 CHURCH AND STATE IN THE UNITED STATES: COMPETING CONCEPTIONS AND HISTORIC CHANGES Douglas Laycock a1 Copyright © 2006 by Indiana University School of Law; Douglas Laycock ABSTRACT This article, originally written for a French audience, attempts to explain the American law of church and state from the ground up, assuming no background information. Basic legal provisions are explained. The relevant American history is periodized in three alignments of religious conflict: Protestant-Protestant, Protestant-Catholic, and religious-secular. Some frequently heard concepts are explained, distinguished, and related to each other--separation, voluntarism, equality, formal and substantive neutrality, liberty, toleration, and state action. Finally, the principal disputes over religious liberty are assessed in three broad areas--funding of religiously affiliated activities, religious speech (with and without government sponsorship), and regulation of religious practice. These disputes are reviewed in historical, political, and doctrinal terms, with brief comparisons to the substantially different French solutions to the same problems. This article, originally written for a French audience and published in French, 1 attempts to explain the American law of church and state from the ground up, assuming no background information of any kind. That turned out to be a useful exercise; explaining the underlying assumptions we generally take for granted revealed insights and connections previously overlooked. I hope English-speaking readers will also find it useful. Except for rewriting the introduction and updating the treatment of the most recent developments, I have changed very little from the version I submitted to the French translators. I retain the comparisons of what I know in depth on the American side to what I think I understand superficially on the French side. I am pleased to report that my cautious observations on French law in this *504 article passed through the hands of French editors without provoking argument or corrections. But no reader should make the mistake of thinking me an expert on the French system. It is revealing to compare how two modern democratic societies, each proclaiming its commitment to liberty and equality, have come to fundamentally different resolutions of these issues on nearly every point. France and the United States share a commitment to religious liberty. But different histories and different distributions of religious opinion have led to different understandings of what religious liberty means in practice. The one-word label for the French system is laïcité; American scholars were invited to Paris to explain the American conception of laïcité. But I am not sure there is a relevant American conception of laïcité. To fully understand laïcité, I suspect that one must be immersed in French law and French social and political practice. In French-English dictionaries, laïcité is often omitted; when it appears, it is commonly translated as “secularism.” This is probably a simplification, but let us accept it as a starting point. Many Americans would say that the United States has a secular government, or that it aspires to have a secular government. © 2015 Thomson Reuters. No claim to original U.S. Government Works. 1 Cullen, Patrick 10/7/2015 For Educational Use Only CHURCH AND STATE IN THE UNITED STATES:..., 13 Ind. J. Global... A minority of Americans would like to see a wholly secular society. But no one in the United States would use a word like “secularism” to summarize the American understanding of church-state relations. There is no widely accepted single word to summarize the American system. Several such words have been suggested, but none of them is universally accepted. Probably the nearest equivalent in American usage is “separation of church and state,” often shortened to “separation.” This is a troublesome
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