Abstract
State action based on religious animus violates the First and Fourteenth Amendments. The legislative histories of the Anti-Aid Amendment of Massachusetts, the failed national Blaine Amendment, and the state-level progeny of the Blaine Amendment suggest that these legislative acts were motivated by religious animus, and should therefore be held to be in violation of the First and Fourteenth Amendments. The Court should take the opportunity to address this animosity and grant certiorari.
This brief was Cited in Justice Alito’s concurrence.