Abstract
State constitutionalism is having a moment. While past publics were concerned almost exclusively with federal constitutional rights, it has recently become normal for national news publications to cover a state supreme court’s interpretation of its own constitution: Hawaii recently received significant attention for its methods of constitutional interpretation, which notably include deference to Hawaii’s traditional “spirit of Aloha”; the Montana Supreme Court’s interpretation of environmental protections in its constitution likewise received widespread media coverage; and state constitutions more generally have stepped into the limelight, particularly as they pertain to abortion rights no longer protected by the Federal Constitution under the United States Supreme Court’s interpretation. Last December, Virginia’s constitution reemerged into the spotlight after more than a century on the side- lines when the Supreme Court of Virginia announced that it includes new and sweeping protections for religious freedom, exceeding the rights protected by the Federal Constitution. …
Recommended Citation
The Honorable Lisa M. Lorish & Elizabeth Putfark,
The Emerging Virginia Constitution: Open Questions of Interpretation, and How Their Resolution May Impact Unenumerated Rights,
59
U. Rich. L. Rev.
23
(2025).
Available at:
https://scholarship.richmond.edu/lawreview/vol59/iss5/4
