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26 Harv. J. L. & Pub. Pol'y 551 (2003)
An Overview and Evaluation of State Blaine Amendments: Origins, Scope, and First Amendment Concerns

handle is hein.journals/hjlpp26 and id is 565 raw text is: AN OVERVIEW AND EVALUATION OF STATE BLAINE AMENDMENTS: ORIGINS, SCOPE, AND FIRST AMENDMENT CONCERNS MARK EDWARD DEFORREST flit is one of the firmest convictions of our time that difference of creed should no longer be allowed to determine a difference of civic rights. -Jacob Burckhartl Governments have not always been tolerant of religious activity, and hostility toward religion has taken many shapes and forms- economic, political, and sometimes harshly oppressive. 2 -Chief Justice Warren Burger I. INTRODUCTION ..................................................... 552 II. WHAT IS THE BLAINE AMENDMENT? .................. 556 A The National Blaine Amendment .......................... 556 B. Blaine's M otivation ................................................ 557 C. The Common School Issue ...................................... 558 D. The Blaine Amendment in Congress ...................... 565 E. The Adoption of Blaine Amendment Language in the States ........................................... 573 III. A SURVEY OF STATE BLAINE AMENDMENTS ....... 576 A. Less Restrictive Blaine Provision ........................... 577 B. Moderate Blaine Provisions ................................... 578 C. Most Restrictive Blaine Provisions ........................ 587 * Legal Research and Writing Instructor, Gonzaga University School of Law. B.A., Western Washington University, 1992. J.D., Gonzaga University School of Law, 1997. I would like to thank Professors Robert J. Araujo, S.J., David K. DeWolf, and James M. Vache of the Gonzaga University School of Law, and Professor John West of Seattle Pacific University, for their helpful comments and insights regarding the topic of this Article. I would also like to thank my assistants David Higer and Kenneth Mark Cox for their aid with some of the research for this Article. Finally, this Article is dedicated to my father, Earl DeForrest, who taught me to respect the faiths of others, especially when different from my own. 1. JACOB BURCKHARDT, REFLECTIONS ON HISTORY 164 (Liberty Fund 1979) (1943). 2. Walz v. Tax Comm'n of N.Y., 397 U.S. 664, 673 (1970).

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