Document Type
Brief
Publication Date
3-2-2022
Abstract
No. 21-418
Joseph A. Kennedy v. Bremerton School District
On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit
From the Summary of Argument
This case offers the Court a much-needed opportunity to resolve the longstanding confusion caused by its conflicting and erroneous interpretations of the Establishment Clause. Although recent decisions clarify that the government may not suppress private religious expression, the Court has yet to clear away an undergrowth of older precedents that are often read to suggest the opposite. Rather than permit those outdated decisions to persist and perpetuate confusion, the Court should bring the doctrine in line with the text and original understanding of the First Amendment.
Recommended Citation
Garnett, Nicole Stelle; Garnett, Richard W. IV; Matozzo, Francesca Genova; Engel, Steven A.; and McGinley, Michael H., "Brief of Amicus Curiae Notre Dame Law School Religious Liberty Initiative in Support of Petitioner" (2022). Court Briefs. 28.
https://scholarship.law.nd.edu/sct_briefs/28
Comments
The Notre Dame Law School Religious Liberty Initiative promotes and defends religious freedom for people of all faiths through scholarship, events, and the Law School’s Religious Liberty Clinic. The Religious Liberty Initiative protects not only the freedom for individuals to hold religious beliefs but also their right to exercise and express those beliefs and to live according to them. It has represented individuals and organizations from an array of faith traditions to defend the right to religious worship, to preserve sacred lands from destruction, to promote the freedom to select religious ministers, and to prevent discrimination against religious schools and families.