San Diego Law Review

Why the Ministerial Exception Is Consistent With Smith—And Why It Makes Sense


William A. Galston


Faculty editor: Larry Alexander


Publication Law Review
Volume 53
Issue 1
Start Page 147
Month March
Year 2016
Type Article
Subject Area


This conference puts on the table two linked questions: Can Hosanna-Tabor be reconciled with Employment Division v. Smith and, if so, on what basis? Let me say straightway that I have at most an amateur’s understanding of constitutional law and jurisprudence. I bring to our questions some intuitions about the best framework for thinking about them, and whatever light my home discipline of political theory can shed on them. I have also benefitted enormously from Christopher Lund’s splendid law review article on the topic of this conference.


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