Note:
Timothy L. Hall, The Sacred and the Profane: A First
Amendment Definition of Religion, 61 TEXAS L. REV. 139
(1982).
Abstract:
In this Note, Hall proposes a definition of religion for
purposes of interpreting the free exercise and establishment
clauses of the first amendment. Hall identifies the problem that
once a practice is called “religion,” a number of constitutional
consequences accrue. However, Hall posits that it is difficult
for courts to categorize certain practices as religious or
nonreligious. Thus, Hall presents a definition of religion
designed to sort out these difficulties that courts face.