Commentators today suggest that the Establishment Clause forbids religious exemptions when they could lead to harm to third parties. But the public contemporaneous understanding of the Establishment Clause allowed for such religious exemptions, and the Supreme Court has never adopted such a prohibition. This article demonstrates each of these errors, which in combination reveal that the proposed “third-party harm rule” is just legalistic advocacy—in other words, wishful thinking.

Keep Reading The “Third Party Harm Rule”: Law or Wishful Thinking?