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48 U.C.D. L. Rev. 1617 (2014-2015)
Rethinking Religious Minorities' Political Power

handle is hein.journals/davlr48 and id is 1649 raw text is: UC DAVIS LAW REVIEW Rethinking Religious Minorities' Political Power Hillel Y. Levin* This Article challenges the assumption that small religious groups enjoy little political power. Based on this assumption, the dominant view is that courts are indispensable for protecting religious minority groups from oppression by the majority. But this assumption fails to account for the many and varied ways in which the majoritarian branches have chosen to protect and accommodate even unpopular religious minority groups, as well as the courts'failures to do so. The Article offers a public choice analysis to account for the surprising majoritarian reality of religious accommodationism. Further, it explores the important implications of this reality for deeply contested legal doctrines, as well as the insights it offers for recent and looming high- profile cases pitting state law against religious liberty. * Copyright © 2015 Hillel Y. Levin. The Author is an Associate Professor of Law at the University of Georgia School of Law. He thanks Nelson Tebbe, Douglas Laycock, Ron Krotoszynski, James Oleske, Chip Lupu, Paul Horwitz, Michael Broyde, Nathan Chapman, Harlan Cohen, Dan Coenen, and Bo Rutledge for helping to refine - and challenge - the ideas explored in this article and their comments on earlier drafts. He is also grateful to Amelia Trotter, Andrew Mason, and Heidi Gholamhosseini for their excellent research assistance. 1617 I VOL 48. NO. 5 I JUNE 2015

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