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Life After the Establishment Clause


Steven G. Gey

Tue, 02/12/2008

An article from the Fall 2007 symposium issue of the West Virginia Law Review, Volume 110, on “The Religion Clauses in the 21st Century.” The symposium was convened by the American Constitution Society for Law and Policy and the West Virginia University College of Law on October April 12 and 13, 2007.

Steven Gey, the David and Deborah Fonvielle and Donald and Janet Hinkle Professor of Law at Florida State University to whom this volume of the WVLR is dedicated, gave the featured symposium address on the topic “Life After the Establishment Clause.” “He predicts that in the next few years the Roberts Court will continue a paradigm shift in Establishment Clause jurisprudence that will completely displace any remaining vestiges of separationism with an approach that would integrate church and state. Gey discusses five key themes of this new integrationist approach and suggests that together they endorse a frankly majoritarian approach to church-state issues that is both inconsistent with the best of our constitutional heritage and insensitive to the country’s changing religions demographics. He concludes, however, that this integrationist approach will not be viable over the long haul and that the pendulum will swing back towards separationism in the not too distant future.”

- From "Introduction" by William P. Marshall, Vivian E. Hamilton and John E. Taylor.

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