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446 Annals Am. Acad. Pol. & Soc. Sci. vii (1979)

handle is hein.cow/anamacp0446 and id is 1 raw text is: PREFACE In the early 1960s, the relationship between church and state was a prime object of study and controversy. The bibliography generated then has hardly been added to since 1970, and the fires of polemic have subsided, largely because the U.S. Supreme Court has decided several important isues, for better or worse, and others have not yet clearly emerged. It is not that all the problems latent in that relationship have been resolved; far from it. Every day new dilemmas appear, some not adumbrated in the earlier settlements, others posing unexpected revisions in seemingly settled principles. In the past few years, for instance, the U.S. Supreme Court has decided several church-state cases which fall into three classes: The application of long-accepted principles. In Paty v. McDaniel the court ruled that Tennessee could not exclude members of the clergy from election to public office, a principle long-accepted in all the other states and in federal law. The revision of long-accepted principles. In Jones v. Wolf, the Court seemed to recede from its earlier doctrine expressed since Watson v. Jones (1872), that in disputes over church property within hierarchical churches, the civil courts may disregard the determinations of ecclesiasti- cal tribunals and award the ownership of church property on the basis of neutral documents, such as title deeds, indicating secular ownership. The emergence of new principles. In NLRB v. Bishop of Chicago, the U.S. Supreme Court ruled that the National Labor Relations Board did not have jurisdiction over the labor relations between church authorities and lay teachers in the church's parochial schools. While this apparent exemption of churches from laws of general application has a few parallels (Sherbert v. Verner, Walz v. Tax Commission and Wisconsin v. Yorder), they are fairly recent and suggest the emergence of a new disposition on the part of the Court to treat churches as somehow sui generis because of the religion clauses of the First Amendment. This recent disposition of the Court seems as yet not to be visible to most state and federal governmental agencies which, like the NLRB, appear to entertain no doubts as to their authority to regulate the affairs of churches just as they do other organizations. This doctrine will be tested more fre- quently in the future as churches resist what they view as the increasing propensity of governmental agencies to interfere in their affairs. In fact, one could say that the church-state settlement of the 1960s was predicated upon the assumption that churches were not to be aided in any way by government lest they come to dominate the civil sphere. The U.S. Supreme Court, in decision after decision, beginning with Lemon v. Kurtzman, cut down one mode after another of public aid to parochial schools, conceivably on the basis of concern that the Roman Catholic Church, which operates most church-related parochial schools, not be strengthened by public aid vii

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