Courts traditionally turn to the Lemon test when evaluating laws that might raise
Establishment Clause concerns.
As such, even putting
Establishment Clause concerns to the side, there are plenty of reasons why a judge should have less discretion than a private lawyer to integrate her faith with her professional identity.
Not exact matches
Two hundred years after the adoption of the religion
clauses, Kristol argues, the prevailing liberal mind - set is far more
concerned with avoiding religious
establishment than in encouraging religious expression.
So is it fair to say that, as far as funding is
concerned, the Blaine Amendments require stricter church - state separation than the
Establishment Clause requires?
Generally, though, we can't say whether, as far as funding is
concerned, the Blaine Amendments provide stricter church - state separation than the
Establishment Clause provides because many state courts have not answered this question.