Coercing Adults?:

The Fourth Circuit and the Acceptability of Religious Expression in Government Settings

Author: Elizabeth B. Halligan
Published: 57 S.C. L. Rev. 923 (2006)
      In Mellen v. Bunting, 327 F.3d 355 (4th Cir. 2003), the Fourth Circuit applied the coercion test to hold that the Virginia Military Institute’s evening supper prayer was unconstitutional for violating the Establishment Clause. This Comment argues that the Fourth Circuit’s public prayer cases have expanded the Supreme Court’s Establishment Clause jurisprudence by applying the coercion test, which is normally used only when children are involved, in settings involving adults. Further, this Comment examines the Mellen within the context of the Supreme Court’s Establishment Clause jurisprudence and offers guidance for jurisdictions within the Fourth Circuit.