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47 San Diego L. Rev. 1075 (2010)
The First Amendment's Religion Clauses: Freedom of Conscience versus Institutional Accommodation

handle is hein.journals/sanlr47 and id is 1083 raw text is: The First Amendment's Religion Clauses:
Freedom of Conscience Versus
Institutional Accommodationt
MICHAEL J. WHITE*
TABLE OF CONTENTS
1.     INTRODUCTION...................................................................... 1075
1I.    CONSCIENCE: THE THOMISTIC CONCEPTION....................................... 1077
Ill.   FREE EXERCISE AND RELIGIOUS(?) ACCOMMODATION .......................... 1081
IV.    THE FIRST AMENDMENT'S RELIGION CLAUSES: INDIVIDUAL-
CONSCIENCE VERSUS INSTITUTIONAL-PRIVILEGE INTERPRETATIONS ........... 1094
V.     CONCLUSION ........................................................................ 1105
1. INTRODUCTION
The phrase freedom of conscience is, of course, not to be found in
the United States Constitution: the First Amendment says only that
Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof.1 However, it seems probable that
one, then-contemporary Protestant conception of freedom of conscience
t   For their kind and helpful comments on and discussion of earlier versions of
this essay, I would like to thank my colleagues at Arizona State University, particularly
Professors David Kader, Peter de Marneffe, Jefirie Murphy, and James Weinstein, as
well as all of my fellow symposiasts and guests at the San Diego Law Review
Symposium, Freedom of Conscience: Stranger in a Secular Land, April 23-24, 2010,
particularly my commentator Steven Smith.
*   Professor of Law, Sandra Day O'Connor College of Law, Arizona State
University.
1. U.S. CONST. amend. 1.

1075

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