Transformations to the Religious Clauses Under the Roberts Court
Bibliographic Data
| ID | 4299656 |
|---|---|
| Authors | Eric M Stephens (0009-0003-5640-7045, University of South Florida, corresponding author) |
| Year | 2025 |
| Volume | 19 |
| Issue | 4 |
| Publication date | 2025-04-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Religion Compass (JOURNAL) |
| Journal identifiers | ISSN: 1749-8171 • E-ISSN: 1749-8171 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/rec3.70016 |
| OpenAlex | W4409397585 |
| Language | EN |
| References cited | 49 |
This essay surveys the doctrinal transformations to the meaning and scope of the Religion Clauses of the First Amendment as they have been interpreted by the Roberts Court, from its first sitting in 2005 to this article's publication in 2025. Grounded in the proposition that scholarship seeking to document and analyze any shifts in the Court's religious liberty jurisprudence must take into account the judicial politics that has shaped the Court's current membership and ideological commitments, it begins by examining how various scholars of law, religion, and politics have sought to contextualize the Roberts Court's judicial behavior in relation to the emergence of the conservative legal movement in American law and politics. Following this, separate sections identify major scholarly conversations taking place regarding the Court's treatment of the Establishment Clause and the Free Exercise Clause respectively
American Constitutional Law and Politics · Multicultural Socio-Legal Studies · Psychology · Religious Freedom and Discrimination · Social Psychology
The New Christian right
The Rise of the Conservative Legal Movement
The Rights Revolution
The Rights Turn in Conservative Christian Politics
Separation of Church and State
Memory Games
The Remnants of Free Exercise
Disparate Discrimination
Bible Nation
In the Mold of Justice Scalia”
Moving to the Right? How the Conservative Movement Has Shaped American Legal Education
Advocating for the Right
Thomas Jefferson and the Wall of Separation between Church and State
Trump’s lasting impact on the federal judiciary
Why Equal Protection No Longer Protects
Ideas with Consequences
How the Christian Right Slayed a Monster and Reframed the Religion Clauses in Bremerton
Looking Forward
Playing for the Rules
Church, State, and Original Intent
The Myth of American Religious Freedom
How Well Do Religious Exemptions Apply to Mandates for Covid-19 Vaccines
Clocks Must Always Be Turned Back
| Citation velocity | historical |
|---|---|
| Highly cited | No |