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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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