Free - Exercise
![handle is hein.journals/wmlr42 and id is 843 raw text is: FREE? EXERCISE
MARcI A. HAMILTON*
Who does not see that the same authority which can establish
Christianity, in exclusion of all other Religions, may establish
with the same ease any particular sect of Christians, in
exclusion of all other Sects? That the same authority which can
force a citizen to contribute three pence only of his property for
the support of any one establishment, may force him to
conform to any other establishment in all cases whatsoever?
-James Madison'
* Visiting Professor of Law, New York University School of Law; Thomas H. Lee Chair
in Public Law, Benjamin N. Cardozo School of Law, Yeshiva University. Copyright © 2000
Marci A. Hamilton. I would like to thank Noel Cunningham, Christopher Eisgruber, Chip
Lupu, and the participants of the Symposium held at William & Mary Law School, Religion
in the Public Square, for their helpful comments, and Rachel Jaffe, Richard Maluga, Scott
McCoy, and Joanna Raby of Benjamin N. Cardozo School of Law and Katharine Marshall,
Rachael Melliar-Smith, and Joel Thollander of the New York University School of Law for
their excellent research assistance. All errors and omissions remain my own responsibility.
In the interest of full disclosure, I am a religious believer who represented the City of
Boerne, Texas in the constitutional challenge to the Religious Freedom Restoration Act. See
City of Boerne v. Flores, 521 U.S. 507 (1997). I also represented Volunteer Lawyers for the
Arts as amicus curiae in both National Endowment for the Arts v. Finley, 524 U.S. 569
(1998), and Brooklyn Institute of Arts & Sciences v. City of New York, 64 F. Supp. 2d 184
(E.D.N.Y. 1999). I also representedveterans challenging the directed sale ofthe Old Soldiers'
Home to Catholic University, see infra notes 176-79 and accompanying text, and currently
represent Children's Healthcare Is a Legal Duty in an Establishment Clause challenge to the
Medicare and Medicaid payments made to Christian Science Sanitoria. See Petition for a
Writ of Certiorari, Children's Healthcare Is a Legal Duty, Inc. v. Min De Parle, 212 F.3d 1084
(8th Cir. 2000), petition for cert. filed, 69 U.S.L.W. 3410 (Nov. 27, 2000) (No. 00-914).
1. James Madison,Memorial andRemonstranceAgainstRelgiousAssessments (1785),
reprinted in Everson v. Board ofEduc., 330 U.S. 1 app. at 65 (1947) (Rutledge, J., dissenting)
[hereinafter Madison, Memorial and Remonstrance].
823](ViewImageLocal?handle=hein.journals/wmlr42&div=30&collection=journals&method=preview&ext=.png&size=3)
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