THE NONESTABLISHMENT NORM

In the inaugural issue of the University of St. Thomas Law Journal (Fall 2003, Volume 1, Number 1), I published an article titled What Do the Free Exercise and Nonestablishment Norms Forbid?  Reflections on the Constitutional Law of Religious Freedom.   In that article, I presented and defended what I still believe to be the optimal understanding of the establishment clause.  As it happens, Justice Scalia, in the Ten Commandments Cases this week, presented/defended a very similar understanding.   (So perhaps I am wrong after all!)   I'd love to know whether Bob Araujo, Rick Garnett, or anyone else is unwilling to concur in my judgment--and if so, why.   A PDF version of my article can be downloaded from this site; the relevant pages of the PDF version are 20-38.
_______________

mp