8 The Establishment Clause
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This chapter introduces the First Amendment's Religion Clauses, and then examines the Establishment Clause that bars, under certain circumstances, the government's sponsorship or promotion of religion. It starts by detailing the multiple answers to the question of why the First Amendment protects religion. After explaining the Court's very capacious definition of religion for First Amendment purposes, this chapter then examines the doctrinal principles of noncoercion, nonendorsement, neutrality, and traditionalism—doctrinal rules applied to Establishment Clause problems by various courts and commentators. As we’ll see, deep divisions remain over whether, when, and why the Establishment Clause should be understood to prohibit, or instead permit, the government's support for religion.

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