The United States Supreme Court, in denying certiorari, has allowed to stand a Fifth Circuit opinion which held that the segregationist policies of a sectarian school were not religious and, therefore, not protected by the free exercise clause of the first amendment. This holding arose out of a section 1981 action by a black family whose children were turned away when they attempted to enroll. The author argues that the decision was based on erroneous analysis and has resulted in a dangerous narrowing of the scope of constitutional protection of religious freedom.
A Sectarian School Asserts Its Religious Beliefs; Have the Courts Narrowed the Constitutional Right to Free Exercise of Religion?,
32 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol32/iss3/9