University of Miami Law Review


Andrew Rosen


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.