Public Employees as a Reflection of a Religiously Diverse Culture

Authors

Steven T. Collis, University of Texas School of Law

Document Type

Essay

Abstract

For decades, scholars and jurists have debated over whether government violates

the Establishment Clause when it endorses religion or if coercion is required. In

Kennedy v. Bremerton School District, the Supreme Court put this argument to

rest, at least as to public employees. It grounded its decision in some form of

originalism. While that will be sufficient to satisfy some readers, others will want to be

assured of the wisdom of the rule originalism demands. This Essay argues that a

coercion test for the private religious exercise of public employees is appropriate for a

pluralistic society.

It offers four reasons. First, a no-endorsement test applied to private religious

exercise would yield absurd results; namely, preventing those of minority faiths from

pursuing public employment. Second, a coercion test for public employees will ensure

the public sector—most importantly, schools—reflects our religiously diverse society,

which is important for preparing people to live in that society. Third, a coercion test is

administrable because it lacks the pliability of the no-endorsement test. And fourth, a

coercion test is more consistent with the principle of preserving religious voluntarism.

Recommended Citation

Steven T. Collis, Public Employees as a Reflection of a Religiously Diverse Culture, 99 Notre Dame L. Rev. Reflection 229 (2024).
Available at: https://scholarship.law.nd.edu/ndlr_online/vol99/iss4/1