Knowledge Bank

While the U.S. Supreme Court has ruled on a number of cases that involve religion and schooling, and the separation of church and state more generally, it has not provided a clear, predictable doctrine on the issue. That situation has encouraged ever more litigation in that area of law before the U.S. Supreme Court. Simultaneously, state supreme courts have taken up the issue in their own cases. Scholarship on cases concerning the separation of church and state, however, has focused almost entirely on cases at the federal level. By looking at cases involving religion and education that have come before three regionally representative state supreme courts— those of California, Ohio, and Virginia— this thesis aims to provide for a more thorough account of U.S. constitutional history in this area. An analysis of these state supreme court cases might additionally have prescriptive value, illustrating rulings and doctrines that have been effective and could be adopted on a federal level. By examining these issues at the state supreme court level, this research also aims to provide insight into the role and usefulness of state supreme courts in the U.S. judicial system. This can help academics and the public determine whether they ought to give greater consideration to state supreme courts as essential actors in U.S. constitutional history and effective instruments in resolving constitutional disputes.