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61 Notre Dame L. Rev. 311 (1986)
Religion, Equality, and the Constitution: An Equal Protection Approach to Establishment Clause Adjudication

handle is hein.journals/tndl61 and id is 323 raw text is: Religion, Equality, and the Constitution: An Equal Protection Approach to Establishment Clause Adjudication* Michael A. Paulsen** Table of Contents I. Introduction ........................................... 312 II. Forty Years in the Wilderness: A Legacy of Conceptual Errors .................................................. 315 A. The Confusing Contours of the Case Law ............... 315 B. A Mistaken Point of Departure ........................ 317 C. An Inheritance of Incoherence .......................... 322 III. In Search of New Doctrine: Neutrality and Equal Protection .............................................. 326 IV. Pruning Lemon's Prongs ................................. 331 A. Toward a Refined Effects Test ....................... 332 A Free Exercise Aside ........................... 336 B. The Purpose of Purpose: Religion as a Suspect Classification ............ /........................... 339 C. Minimizing Institutional Entanglement. A Least- Entangling-Means' Requirement ....................... 345 V. Deciding Cases Under the Equal Protection Model ..... 350 A. Symbolic Accommodation Cases ......................... 352 * © 1986 Michael Allen Paulsen. All rights reserved. ** Attorney, United States Department ofJustice. Formerly Staff Attorney, Center for Law & Religious Freedom, Christian Legal Society. B.A., 1981, Northwestern University; J.D., 1985, Yale Law School; M.A.R., 1985, Yale Divinity School. The views expressed in this article are solely those of the author. It would be impossi- ble to thank individually all who helped with this article, but several deserve special thanks: Perry Dane, Tom Smith, Sam Zurrier, Lenore Thomas, Diane Hart, and especially my men- tor Robert Cover, without whose insights, help, and encouragement this article could not have been completed, and my tormentor Akhil Amar, without whose insights, help, and encouragement this article would have been completed long ago-but not as well. My thanks for their assistance and apologies for my insistence, despite their heroic efforts, on keeping the errors that remain.

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