This Comment provides a thorough analysis of Amendment 2. The primary issue addressed is whether Amendment 2 will have an impact on Missourians' religious freedoms or whether Amendment 2 merely reaffirms rights already granted under the old article I, section 5 of the Missouri Constitution. If Amendment 2 does add new rights, an analysis of whether such rights are in accord with the First Amendment is required. Part II outlines the legislative history, text, and general commentary on the key provisions of Amendment 2. In Part III, all new provisions under Amendment 2 are analyzed in light of the legal framework created by the Supreme Court of the United States regarding religious expression and the Establishment Clause. Future implications of Amendment 2 are also discussed. Part IV concludes that the substantial majority of Amendment 2 reaffirms Missouri citizens' previously-protected constitutional rights. Although both federal and state constitutions have protected Missourians' "Right to Pray," Amendment 2 is an effort to make those religious liberties well known and understood. The Supreme Court's interpretation of the First Amendment as it pertains to religious liberties has caused confusion, which Amendment 2 seeks to remedy. To the extent that Amendment 2 expands those rights granted by the United States Constitution, this Comment maintains that the new rights do not run afoul of the Establishment Clause. Still, detailed guidelines, either from the courts or the legislature, would aid government officials wishing to act in accordance with the new law.
Amendment 2 and Its Effect on Missourians' Free Exercise of Religion,
79 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol79/iss1/8