The Establishment Clause and Progressive Ideology: Balancing Policy Goals and Constitutional Safeguards
Year: 2025
Type: article
Abstract: This paper examines whether institutional enforcement mechanisms associated with modern progressive ideology risk violating the Establishment Clause of the First Amendment by privileging specific ideological frameworks. Applying the Seeger Test, Malnak Test, and related precedents, it evaluates whether compelled ideological affirmations, ritualized policy observances, and punitive measures for dissent in government-funded institutions mirror structures historically associated with religious systems. The analysis distinguishes between constitutional advocacy of secular goals and unconstitutional enforcement of ideological orthodoxy, recommending targeted litigation and policy neutrality reforms to safeguard constitutional pluralism.
Author: Burke, Walter E.
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W6893363004
FWCI:
Cites:
Cited by:
Related to: