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America's Lone Star ConstitutionHow Supreme Court Cases from Texas Shape the Nation$
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Lucas A. Powe Jr.

Print publication date: 2018

Print ISBN-13: 9780520297807

Published to California Scholarship Online: September 2018

DOI: 10.1525/california/9780520297807.001.0001

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PRINTED FROM CALIFORNIA SCHOLARSHIP ONLINE (www.california.universitypressscholarship.com). (c) Copyright University of California Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CALSO for personal use.date: 07 July 2022

Freedom of and from Religion

Freedom of and from Religion

(p.155) Nine Freedom of and from Religion
America's Lone Star Constitution

Lucas A. Powe Jr.

University of California Press

This chapter examines Supreme Court cases that were filed over the issue of freedom of and from religion in Texas. In 2011, Governor Rick Perry designated April 22–24 as official days of prayer for rain. Periodical subscriptions were exempted from sales tax. Then in a clear example of a preference for religion, the law was changed to exempt only “periodicals that are published or distributed by a religious faith and that consist wholly of writings promulgating the teaching of that faith.” Texas Monthly paid the tax but sued for a refund. The chapter first considers the Texas Monthly lawsuit before discussing cases involving Alfred Smith and Galen Black, the Religious Freedom Restoration Act (RFRA), Thomas Van Orden, and the Establishment Clause of the First Amendment. It also analyzes City of Boerne v. Flores involving historic zoning and a case involving prayer at a football game.

Keywords:   freedom of religion, freedom from religion, prayer, Alfred Smith, Galen Black, Religious Freedom Restoration Act, Thomas Van Orden, Establishment Clause, City of Boerne v. Flores, historic zoning

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