This Article attempts to map out a set of social and legal phenomena-features of what it calls the new establishment, responses to it, and possible implications of dissenting new disestablishments-without offering an evaluation either of the new establishment or the new disestablishments. That is, this Article tries to point out the structural conditions within which claims of religious free exercise are now situated, but it does not opine on the morality or justice of the general social structure or the dissenting views that it discusses. Like everyone, I have my views about these subjects, but I have tried, as much as possible, not to cheerlead for any position and to remain descriptive, to understand better the social and legal conditions that now attend these fraught conflicts.
Marc O. DeGirolami, The New Disestablishments, 33 GEO. MASON U. CIVIL RIGHTS J. 31 (2022).