Faith-Based Initiative Proponents Beware: The Key in Zelman Is Not Just Neutrality, but Private Choice

Abstract

This Comment will utilize the recent Zelman decision as a framework with which to determine the constitutionality of faith-based initiative legislation under the Establishment Clause. Part II will discuss the impending push toward faith-based initiative legislation. Part III will trace the development of the U.S. Supreme Court's Establishment Clause jurisprudence. Part IV will examine the legal analytical framework set out in the Zelman decision. Finally, Part V will specifically apply the Zelman framework to potential faith-based initiative legislation.