Freedom of Religion : Locke v. Davey and State Blaine Amendments

So-called "Blaine Amendments" in state constitutions are under attack because they may restrict the flow of tax dollars into religious institutions. The prevailing argument against the state Blaine Amendments is that they are unconstitutional expressions of Nineteenth Century anti-Catholic sentiment. Through an examination of Nineteenth Century historical trends and the test of state constitutions, Johnson challenges that argument. While he does not dispute the anti-Catholic currents of the Nineteenth Century, his work demonstrates that Blaine amendment supporters had many different motives other than anti-Catholic bias and that language adopted in state constitutions shows religiously neutral intent. This supports the conclusion that state Blaine Amendments are legitimate exercises of state power.