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8 Campbell L. Rev. 437 (1985-1986)
The Concept of Religion in State Constitutions

handle is hein.journals/camplr8 and id is 445 raw text is: THE CONCEPT OF RELIGION IN STATE CONSTITUTIONS KENT GREENAWALT* I. INTRODUCTION .................................... 437 II. DEFINING RELIGION IN STATE CONSTITUTIONS ...... 438 A. M y Original Article .......................... 438 B. The Relevance of State Language ............. 439 III. THE INTERPLAY OF STATE CONCEPTS OF RELIGION WITH FEDERAL CONSTITUTIONAL LAW ..................... 441 A. Different Definitions of Religion With Identical Substantive Standards ....................... 442 B. Different Definitions of Religion When the State Substantive Standards Give Broader Protection 443 C. Different Definitions of Religion When the State Standards Give Narrower Protection .......... 445 IV . C ONCLUSION ..................................... 447 I. INTRODUCTION A year and a half ago an article of mine was published on reli- gion as a concept in constitutional law.' The article concerned how courts should approach decisions about whether a belief, practice, organization, or classification is religious. The article did not ad- dress, except in passing, what the constitutional standards under the free exercise and establishment clauses should be if something that is religious is aided or inhibited in some way. Since in most cases arising under the religion clauses, the presence of something * Cardozo Professor of Jurisprudence, Columbia University School of Law. A.B. 1958, Swarthmore College; B. Phil. 1960, Oxford University; L.L.B. 1963, Co- lumbia University. These are informal remarks delivered for the Panel on State Constitutional Law, Meeting of Association of American Law Schools, January 5, 1986. It is a special pleasure for me to have these remarks published here because of an enjoyable and rewarding week I spent in May 1985 discussing problems of jurisprudence with members of the Campbell law faculty. 1. Greenawalt, Religion as a Concept in Constitutional Law, 72 CALIF. L. RE. 753 (1984).

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