San Diego Law Review


Joel Incorvaia

Library of Congress Authority File


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In Malnak v. Maharishi Mahesh Yogi a United States district court held that public school instruction in Transcendental Meditation violates the establishment of religion clause of the first amendment. The Malnak court found Transcendental Meditation to be a religion although its proponents asserted the technique is scientifically based and non-religious. Malnak raises questions as to how religion should be properly defined when interpreting the establishment clause. This Comment analyzes the Malnak decision and discussed recent efforts by the judiciary to delineate a legal definition of religion. It concludes that a broad definition of religion is necessary to effectuate the underlying values of the first amendment.

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