This article by Francis Beckwith:
“Must Theology Sit in the Back of Secular Bus?: The Federal Courts’ View of Religion and Its Status as Knowledge.” Journal of Law & Religion 24.2 (2008-2009): 547-568 (Francis Beckwith PDF)
makes an important argument, which I hope Dr. Beckwith will expand. For more on this topic, see Christopher Eberle’s Religious Conviction in Liberal Politics.