Kiryas Joel and two mistakes about equality
Article Abstract:
The Supreme Court's decision in Board of Education of Kiryas Joel Village School District v. Grumet striking down New York state's establishment of a separate school district for a Satmar Hasidic community is based on two erroneous principles. The Court misapplied segregation and integration values to the community's wish to live separately but exercise public power, and the Court failed to consider whether the state was showing favoritism toward any particular religion. The test under the Establishment Clause should limit the inquiry to whether the accommodation being made advances a majority religion and whether discrimination among religions has occurred.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1996
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Uncovering the Village of Kiryas Joel
Article Abstract:
The Supreme Court properly decided in Board of Education of Kiryas Joel Village School District v. Grumet to strike down New York's establishment of a separate school district for a Satmar Hasidic community because the action favored a particular religion. Such allowances are invidious because granting state power to such communities promotes the risk that such powers will be exercised unconstitutionally. The legislation did favor a particular religious community because other religious communities are unlikely to have sufficient political influence to get such changes enacted.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1996
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The constitutional value of assimilation
Article Abstract:
Establishment Clause jurisprudence and allowing segregation of minority religious communities illustrates a constitutional tension between unity and diversity in the US. The type of segregation sanctioned by the state of New York and struck down by the Supreme Court in Board of Education of Kiryas Joel Village School District v. Grumet was an unconstitutional means of fostering religious diversity. Adherence to constitutional principles and concern for the common good dictate that protection of minority communities not increase division and mistrust.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1996
User Contributions:
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