- Introduction: Religious Pluralism as the Essential Foundation of America’s Quest for Unity and Order
- The Founding Era (1774–1797) and the Constitutional Provision for Religion
- Eighteenth-Century Religious Liberty: The Founding Generation’s Protestant-Derived Understanding
- Church and State in Nineteenth-Century America
- Religious Advocacy by American Religious Institutions: A History
- Constitutional Language and Judicial Interpretations of the Free Exercise Clause
- The U.S. Supreme Court and Non-First Amendment Religion Cases
- The Meaning of the Separation of Church and State: Competing Views
- Managed Pluralism: The Emerging Church–State Model in the United States?
- Religious Liberty and Religious Minorities in the United States
- Religious Symbols and Religious Expression in the Public Square
- Religious Liberty as a Democratic Institution
- Pursuit of the Moral Good and the Church–State Conundrum in the United States: The Politics of Sexual Orientation
- Monitoring and Surveillance of Religious Groups in the United States
- The U.S. Congress: Protecting and Accommodating Religion
- The Christian Right and Church–State Issues
- American Religious Liberty in International Perspective
- Supply-side Changes in American Religion: Exploring The Implications of Church–State Relations
- Peeking through Jefferson’s Relocated Wall: A Sociological Assessment of U.S. Church–State Relations
- The Role of Civil Religion in American Society
- The Interplay of Law, Religion, and Politics in the United States
- Historical Perspectives
- Constitutional Perspectives
- The States and Religious Freedom
- Theological and Philosophical Perspectives
- Religious Pluralism
- Ethics and Values
- Political Perspectives
- Sociological Perspectives
- Table of Cases
Abstract and Keywords
The United States Supreme Court decides most church–state cases on the basis of the Establishment Clause or the Free Exercise Clause. However, as these religion clauses were not included in the Due Process Clause of the Fourteenth Amendment and applied to the states until the 1940s, the Court was hence required to decide earlier religion cases through other means. Some were decided on the language of the Fourteenth Amendment itself, while many others were decided on other nonconstitutional grounds. This article examines some samples of church”.state cases that were decided on grounds other than Religion Clauses.
Ronald B. Flowers is the John F. Weatherly Emeritus Professor of Religion at Texas Christian University, Fort Worth, Texas. He taught at TCU for 37 years and was chair of the Religion Department for 9 years. He is the author of several books, including Toward Benevolent Neutrality: Church, State, and the Supreme Court (coauthored with Robert T. Miller) which went through five revised and updated editions; Religion in Strange Times: The 1960s and 1970s; That Godless Court?: Supreme Court Decisions on Church-State Relationships (2nd edition 2005); and To Defend the Constitution: Religion, Conscientious Objection, Naturalization, and the Supreme Court. Dr. Flowers has also served as President of the American Academy of Religion/Southwest and is currently a member of the Editorial Council of the Journal of Church and State. He is still teaching at TCU part-time and recently completed a book, with Steven K. Green and Melissa Rogers, entitled Religious Freedom and the Supreme Court.
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