March 25, 2005

Conservative Legal Scholar Takes an Unexpected Stance on Religion and Constitutional Rights

By PETER MONAGHAN

CHURCH AND STATE: Widely known as a conservative legal scholar, Marci A. Hamilton hardly shrinks from taking what sound like leftist stances on emotionally charged issues of the day.

Ban flag burning? Unconstitutional, she says. That much-debated "under God" in the Pledge of Allegiance? Illegal. Legal protection for religious organizations? Sometimes illegal, too, declares the professor of law at Yeshiva University. Or at least overreaching, she argues in God vs. the Gavel: Religion

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