Also known as:neutrality principle · principles of neutrality
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
in constitutional law
A principle requiring the government to treat religious and nonreligious entities equally when distributing generally available benefits or access to public forums. The principle prohibits exclusion of religious participants solely on the basis of their religious character or the religious content of their activities. Equal inclusion under neutral criteria does not constitute an establishment of religion when the benefit reaches religious entities through private choice.
2
in professional responsibility
A principle directing that a lawyer refrain from judging the morality of a client's lawful objectives or the means used to pursue them. The principle permits the lawyer to advance any position the law allows without regard to personal moral views about the client's cause.
Each sense below has its own examples, sources, and questions.
Sense 1
1
in constitutional law
A principle requiring the government to treat religious and nonreligious entities equally when distributing generally available benefits or access to public forums. The principle prohibits exclusion of religious participants solely on the basis of their religious character or the religious content of their activities. Equal inclusion under neutral criteria does not constitute an establishment of religion when the benefit reaches religious entities through private choice.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Cases
Examples6
Religious Nursing School Voucher Exclusion
The State of Tennessee offered tuition vouchers for any approved private nursing program to increase rural healthcare workers. Coastal Therapeutics, a school run by a religious hospital requiring chapel attendance, was disqualified solely because of its religious requirements. Leo, a prospective student, was denied a voucher for that school. The neutrality principle required the state to include the religious school on equal terms with secular programs because the vouchers were generally available and the choice rested with the student.
After-School Religious Club Access
Milford Central School opened its facilities after hours to community groups for educational and recreational activities. The Good News Club, a religious organization teaching moral values through Bible stories, sought equal access to meet with children. The school denied the request on the ground that religious instruction would violate the Establishment Clause. The neutrality principle required the school to grant access because the forum was generally available and the religious character of the group did not justify exclusion.
Frequently Asked3
Does the principle of neutrality require a state to include religious schools in a generally available tuition voucher program?+
Yes. When a state creates a generally available program subsidizing private education, the Free Exercise Clause requires the state to treat religious schools the same as nonreligious schools. Excluding a religious school solely because of its religious character violates the neutrality principle. Equal participation does not violate the Establishment Clause when the aid reaches the school through private parental choice.
Supporting sources
How does the principle of neutrality apply when a public school opens its facilities to community groups after hours?+
The principle requires the school to grant equal access to religious groups when the forum is generally available to secular groups. Denying access solely because the group's activities include religious instruction would constitute impermissible discrimination. Neutrality is preserved by treating religious and nonreligious users alike rather than excluding religious speech.
Sense 2
2
in professional responsibility
A principle directing that a lawyer refrain from judging the morality of a client's lawful objectives or the means used to pursue them. The principle permits the lawyer to advance any position the law allows without regard to personal moral views about the client's cause.
Sources & Authorities· 1 source
Select any source to read its text and confirm it supports the definition.
Hornbooks
Frequently Asked1
What distinguishes the principle of neutrality from the principle of nonaccountability in legal ethics?+
The principle of neutrality instructs the lawyer not to judge the morality of a client's lawful cause. The principle of nonaccountability provides that a lawyer who follows the first two principles is not regarded as a moral wrongdoer for the client's actions. Neutrality focuses on the lawyer's decision-making process while nonaccountability addresses external moral attribution.
Good News Club v. Milford Central School533 U.S. 98 (2001)
Student Religious Publication Funding
The University of Virginia created a student activities fund that reimbursed printing costs for publications expressing a wide range of viewpoints. Wide Awake, a student newspaper with religious perspective, applied for reimbursement of its printing expenses. The university denied funding because the publication engaged in religious activity. The neutrality principle required the university to provide the reimbursement because the fund was generally available and withholding it solely on religious grounds constituted viewpoint discrimination.
Rosenberger v. Rector and Visitors of the University of Virginia515 U.S. 819 (1995)
School Prayer and Neutrality
A public school district required daily Bible readings and recitation of the Lord's Prayer at the start of each school day. Parents challenged the practice as an establishment of religion. The district defended the readings as an exercise in moral education available to all students. The neutrality principle prohibited the required religious exercises because they singled out religious observance for official endorsement rather than treating religious and nonreligious perspectives even-handedly.
School District of Abington Township v. Schempp374 U.S. 203, 253–58 (1963)
War Memorial Cross Display
A state erected a large cross on public land as part of a veterans memorial. A humanist group sued, claiming the display violated the Establishment Clause by endorsing Christianity. The state maintained that the cross was one of many monuments reflecting historical contributions. The neutrality principle permitted the display because it was longstanding, served a secular commemorative purpose, and did not coerce religious participation or exclude other viewpoints.
American Legion v. American Humanist Association139 S. Ct. 2067 (2019)
Ten Commandments Monument on Capitol Grounds
Texas placed a monument inscribed with the Ten Commandments on the grounds of the state capitol among other historical markers. A visitor sued, arguing the monument endorsed religion in violation of the Establishment Clause. The state responded that the display acknowledged the role of religion in the state's legal heritage. The neutrality principle allowed the monument because it was one of many displays reflecting historical influences and did not single out religion for preferential treatment.
Van Orden v. Perry545 U.S. 677, 125 S. Ct. 2854, 162 L. Ed. 2d 607 (2005)
Supporting sources
Does the principle of neutrality prevent a university from funding student publications that express religious viewpoints?+
No. When a university creates a generally available fund for student publications, the principle of neutrality prohibits the university from withholding funds solely because a publication advances a religious perspective. Such exclusion would send a message of hostility toward religion. Providing equal funding respects neutrality and does not violate the Establishment Clause.
Supporting sources
to which we have long adhered is nothing more than mere shadow. III The plurality relies heavily on the fact that our Republic was founded, and has been governed since its nascence,…
by asking whether the display has the “effect of ‘endorsing’ religion.” County of Allegheny , 492 U. S., at 592. The display fails this requirement if it objectively “convey[s] a message…
principle of neutrality
already expounded in the cases involving doctrinal disputes. Inevitably, insistence upon
neutrality
, vital as it surely is for untrammeled religious liberty, may appear to border upon…
, upholding aid that is offered to a broad range of groups or persons without regard to their religion" (emphasis added)); id. , at (slip op., at 3) (O'Connor, J., concurring in…
Constitutional LawIndividual rights · First Amendment freedomsUBEFoundational