Source: (2003) Utah Law Review. 2003(1): 523-532.University of Utah S.J. Quinney College of Law. Downloaded 13 October 2003.

In this paper Frederick Gedicks scrutinizes whether restorative justice programs pass the establishment clause of the First Amendment of the Constitution of the United States. This part of the First Amendment prohibits Congress from making laws respecting an establishment of religion. In other words, the government cannot involve itself with religion. Gedicks observes that there is no constitutional question for many restorative justice programs that are sponsored by secular organizations and based on secular beliefs and practices. However, he also points out that many other restorative justice programs do have religious foundations and dimensions. Because of the establishment clause, there may be a constitutional question regarding such programs, and so Gedicks explores the constitutional issues that may bear upon such restorative justice programs.

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