Worshiping Separation: Worship in Limited Public Forums and the Establishment Clause

Abstract

The Glover decision and Judge Calabresi's concurrence in Bronx Household have muddied the waters of First Amendment jurisprudence and directly conflict with the Supreme Court's precedent requiring equal access for religious groups. With the Seventh Circuit's Badger Catholic decision in September 2010, the issue has ripened into a circuit split, a split that will likely require resolution by the Supreme Court.

Part II of this Comment gives the background of the Supreme Court's jurisprudence regarding religious use of public forums and the Establishment Clause. Part III details the early history of religious worship in Washington, D.C.'s federal buildings. Part IV examines the Bronx Household, Glover, and Badger Catholic decisions. Part V considers how worship in public forums should be addressed under modem Establishment Clause tests. Part VI concludes.