Models the structure and content for the five following jurisdiction-specific chapters, pointing out that the separation of church and state was established as an explicit requirement and explains the context that gave rise to the free exercise and anti-establishment clauses. Explores the policy background, outlines the contemporary relevant legal framework, as governed by statutory and constitutional provisions, noting the extent to which the country is a signatory state to relevant international law. Considers the genesis of the state neutrality principle in the anti-establishment clause as confirmed by decisions of the US Supreme Court. It delves into the religion-related case law to identify the principle’s bearing on the rights to freedom of religion, of conscience, expression and association, examines how it relates to equality law. It focuses on the various tests successively applied by the USSC in its efforts to police the church–state boundary. It identifies and discuses some different academic views, including the Habermas argument that “the principle of separation of Church and State demands that the institution of the State operates with strict impartiality”.

Chapter 5 examines the shifting landscape of the legal precedents controlling the use of race-conscious admissions policies in higher education. It begins with an in-depth examination of Bakke, which allowed such admissions policies for the sole purpose of pursuing the educational benefits of diversity. The chapter then traces the applications of Justice Powell’s framework announced in Bakke, and includes analyses of Grutter, Gratz, Fisher I, and Fisher II. Taken together, these cases reveal a tenuous adoption of Justice Powell’s approach which serves to prevent a robust pursuit of diversity and racial equity in higher education. The chapter features a discussion of recent ballot measures banning the use of race-conscious admisssions policies in certain states. The Supreme Court upheld the constitutionality of these measures in Schutte. The chapter concludes with an examination of Justice Sotomayor’s thought-provoking dissent in Schutte as well as a summary of the proven neuroscientific benefits of a diverse learning environment.