Privileging and Protecting Schoolhouse Religion

By Kenneth L. Marcus

Institute for Jewish and Community Research, October 2008

The author argues that Congress and the federal courts have failed religious public school students by failing to prohibit religious discrimination in education statutorily with appropriate enforcement mechanisms, failing to require religious accommodations in cases of religious infringement and failing to articulate a strict scrutiny standard for cases of religious discrimination in education. The author argues that equality-based legislation is necessary in order to provide religious students with the educational opportunity guaranteed by Equal Protection Clause of the Fourteenth Amendment and the Free Exercise Clause of the First Amendment. This legislation would fill a critical gap in civil rights law, provide more effective civil rights enforcement and avert potential constitutional challenges.

Topic: Religion and State, Education, Law, Prejudice, Discrimination, Public Policy

Name of Publication: Journal of Law and Education

Page Number(s): 1-53

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Genre: Scholarly Journal

Coverage: United States

Language: English

Copyright Holder: Publisher

Copyright Information: Download for personal use, freely distribute link

Bibliographic Information:
Marcus, Kenneth L. Privileging and Protecting Schoolhouse Religion. Journal of Law and Education. Institute for Jewish and Community Research. October 2008: 1-53.


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