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Index accommodation to religion, 144–45, 179–87, 201–3; legislative power and, 183–87 aid to religion: discrimination, 35; financial, 27, 35–47, 187–233; to individual or religious institution, 38–39, 43, 239–72; and minister training, 238–72 passim; school transportation, 27–47, 123; secular, 37–47; tax, 37–47. See also vouchers Amish, Old Order, 51–79 passim, 98, 158; history of, 52, 65–67; religious beliefs, 51–56, 65–79 passim; Yoder case history, 51–56 Ball, William, 52, 57, 63–79 passim Bennett, Bruce, 83–84 Bible reading, 110–12, 118–19, 141 Black, Hugo, 30–38, 44–47, 134–45 passim, 276 Bradley, Joseph, 19 Bryan, William Jennings, 80, 81 Burger, Warren E., 75 bus transportation, religious schools. See aid to religion Butler, William J., 107–45 passim Calhoun, John W., 57–79 passim Chandler, Porter R., 107, 129–45 passim Christmas displays, 144 Church of Jesus Christ of Latter-Day Saints See Mormon Church Clifford, Nathan, 18 coercion, 114, 137–38, 143–44, 229–30 colonial governments: religious practices of, 1, 2 conduct, versus religious belief and expression , 19–20, 23–25, 62–79 passim, 168–71, 178 creationism, 80–102 passim creation science, 102 Daiker, Bertram B., 107, 122–45 passim Darwin, Charles, 80, 90–102 Davey, Joshua, 234–39 discrimination, religious, 34–38, 187–33, 238–80 passim Dorsay, Craig J., 155, 168–86 passim Douglas, William O., 75, 77, 79 endorsement test, 142–43 Epperson, Susan, 82–85 equality, and free exercise, 179–86, 239–72 establishment clause: application to states, 2–3, 45, 162–63; equality, 238–72; versus free exercise, 36–37, 123–45 passim; funding , 216–19; historical meaning, 2–4, 5, 30–34, 41–45, 161–62; nondiscrimination, 184–87; support for religion, 148, 182, 187–233, 226–27; text, 1. See also separation of church and state evolution, 80–102 passim exemption, for religion, 20, 36–37, 197–201 faith-based social services, 223–24 Field, Stephen J., 14, 19 Fortas, Abe, 94 freedom of speech, 86–87; religious speech and, 190–233 12.index.285-286_Bezanson 4/12/06 12:29 PM Page 285 free exercise clause: accommodation, 144, 156–86, 187–233; Amish claim and, 57–79 passim; coercion and, 137–39; conduct, protection of, 23–25, 100–101; discrimination , 132–33, 137–38, 144, 148, 156–87; historical meaning, 2–4, 5, 16–18; privacy of, 44–46, 167–72; text, 1 Frohnmayer, David B., 155–86 passim funding religion by government: equality and, 260–72; proselytizing and, 194–95, 210–11, 217, 238–72 passim; scholarships and, 234–72; student religious activities, 187–233; vouchers, 223–24 graduation prayer, 143–44 Grant, Ulysses S., 14, 18 Holmes, Oliver Wendell Jr., 273–74, 278 intelligent design, 102 Jackson, Robert, 30, 38 Jefferson, Thomas, 1, 16, 33, 43, 229 Jeffries, John, 189, 205–33 passim Kennedy, Anthony M., 221 Langston, Don, 84, 89–102 passim Locke, John, 2 Madison, James, 2, 16–17, 33, 41–44, 228–29 Marbury v. Madison, 167–68, 275 McConnell, Michael, 189–233 passim Memorial and Remonstrance, 2, 16, 33, 41– 44, 229 Miller, Samuel F., 19 Mormon Church: history of, 9–16, 20. See also polygamy Native American Church: history of, 152–55; peyote use as religious exercise, 151–86 passim neutrality, of government toward religion, 46–47, 94–102, 194–95, 252–65 nonpreferentialism as approach to nonestablishment , 143–44, 229–30, 238–72 passim O’Connor, Sandra Day, 142–43 Olson, Theodore, 260–72 passim peyote. See Native American Church Pierce, Narda, 239–72 passim Pledge of Allegiance, 117–18, 144 polygamy: as free exercise of religion, 9–26, 172; and Mormon Church, 9–16 prayer: and antisemitism, 105–6; Engle case history, 103–6; legislative, 114, 140–41; in school, 103–45 passim public forum and religious speech, 187–233 purpose of government: discrimination against a religion, 20–22; discrimination against religion, 20, 239–72; versus effect, 98–102, 107–45; effect of, 21–22; secular, 21, 92–102, 107–45, 155–87, 205–10 Rehnquist, William H., 265, 276, 277 religion: meaning, 20–21, 60, 62–79 passim, 128–29; versus nonreligion, 20; preference for, among religions, 20–21, 94–102; preference for, in general, 20 religion versus nonreligion, 238–72 religious periodicals, government funding of, 187–233 Reynolds, George, 9–15 Rosenberger, Ronald, 187–89 Rousseau, Jean-Jacques, 2 Rutledge, Wiley, 30, 41, 44 Scalia, Antonin, 179, 267 scholarships, government. See...

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