Two Clear EC Rules

1. Although the Supreme Court’s Establishment Clause jurisprudence is at times conflicting and nearly indecipherable, there are two clear rules that emerge from the cases.  First, government “may not delegate a governmental power to a religious institution.”  Or, in the words of Prof. Carl Esbeck:
(“Government cannot delegate civil authority to a religious organization.” This is Larkin v. Grendel's Den.
 
2. Second, government “may not discriminate among persons on the basis of their religious beliefs and practices.” In his article on Restatement of the Supreme Court’s Law of Religious Freedom, Professor Esbeck stated this second principle as follows: “Government cannot confer a benefit on religion if the benefit is not available to others similarly situated.” See Barense.