A "Mere Shadow" of a Conflict: Obscuring the Establishment Clause in Kennedy v. Bremerton

Authors

Ann L. Schiavone

Abstract

In Kennedy v. Bremerton School District,¹ the Roberts Court continued its move to carve out larger spaces for religious practice and expression in public spheres.² But in so doing it left lower courts and school districts with many more questions than answers concerning what the Establishment Clause means and what it requires of them. Can school districts still protect students from religious coercion by teachers, classmates, and others? Are entanglements between church and state or the appearance of endorsement no longer problematic?³ Should the individual history and tradition of schools and communities influence decision making on these questions, or is the court solely concerned with the national history and tradition surrounding free expression, especially at the founding? While giving breathing space to religious expression is valuable, and may in fact provide a correction to what some believe was an overzealous pursuit of secularism in prior Courts,⁴ there are risks resulting from the Kennedy decision that the Court seemingly discounted or simply ignored.

First Page

40

Recommended Citation

Ann L. Schiavone, A "Mere Shadow" of a Conflict: Obscuring the Establishment Clause in Kennedy v. Bremerton, 61 Duq. L. Rev. 40 (2023).
Available at: https://dsc.duq.edu/dlr/vol61/iss1/4