Establishment Clause claims under the First Amendment are very rare. At least at the time of this writing, however, they are somewhat more in the limelight because of so-called “stay-at-home” orders imposed by governments as a result of the COVID-19 pandemic. Litigants are, where appropriate, able to bring a civil damages claim under 42 U.S.C….
Legal Articles
Establishment Clause: Church & State
The so-called separation of Church and State is a hot topic issue that inevitably results in differing opinions. But what does the U.S. Constitution actually say on the issue? The First Amendment provides, in part, that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The bold provision is…