
The Changing State of Church and State (with Noah Feldman)
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The Constitution and the Establishment Clause
In the 1960s, Supreme Court decided that having prayer in schools effectively coerced students into praying. But laypeople might ask, isn't that also a violation of Free Exercise because I choose to practice and pray differently? That's a great point. If today, school prayer had still existed and we had no establishment clause, maybe the court would have been open to that claim. As that distinction has weakened, you could imagine framing that as a Free Exercise claim.
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