An article from the Fall 2007 symposium issue of the West Virginia Law Review, Volume 110, on “The Religion Clauses in the 21st Century.” The symposium was convened by the American Constitution Society for Law and Policy and the West Virginia University College of Law on October April 12 and 13, 2007.

As part of the series of papers from the symposium panel “The Religion Clauses in Institutional Contexts” and in a detailed response to Ira Lupu and Robert Tuttle’s symposium paper, “Steven Green [(Professor of Law and Director of the Center for Religion, Law and Democracy at Willamette University)] argues that most courts and commentators have underestimated the severity of the Establishment Clause problems raised by the military chaplaincy. Green agrees with Lupu and Tuttle that the chaplaincy is best defended as an accommodation of religion, but suggests that the current law of religious accommodations may need to become more permissive for the chaplaincy to pass muster under an honest analysis.” - From Introduction by William P. Marshall, Vivian E. Hamilton and John E. Taylor.