摘要：There is a morally compelling and constitutionally powerful tradition in the United States against treating people differently because of either their race or their religious beliefs. Nevertheless, the Supreme Court has employed criteria under the Religion Clauses of the First Amendment 1 for reviewing government action dealing with religion in an approach that varies considerably from the one it has used for race under the Equal Protection Clause of the Fourteenth Amendment. 2 The object of this Article, which focuses on the purpose and the effect of state regulations that either favor or prejudice persons or groups on account of race or religion, is mainly to outline an analysis of the Religion Clauses, and secondarily to contrast that analysis with the doctrines that the Court has developed under the Equal Protection Clause. I Purpose A. Intentional Prejudice 1. Similarities Between Race and Religion There is a powerful resemblance between the government singling out persons for imposition of adverse consequences because of their skin color 3 and because of or their ideological beliefs. This likeness calls for analogous handling under the Constitution. Perhaps the strongest justification for strict judicial scrutiny of any official attempt to accord persons less than equal respect and dignity either because of their religious beliefs or race rests in the fact that throughout history such efforts have been similarly rooted in "hate, prejudice, vengeance, [and] hostility." 4 Although race may seem to be a more immutable condition than religion, 5 and religious belief ...
关键词：Freedom of religion; Race discrimination; Analysis; Constitutional amendments; Interpretation and construction
