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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