The Supreme Court has moved to a history-and-tradition test to evaluate practices that implicate the Establishment Clause--if there is a historical analogue for a practice, it is more likely to be legally legitimate. But this isn't the end of the story. Religious history in the United States, and how "historical practices and understandings" should be used and interpreted, is subject to dispute. This panel will bring together lawyers and legal scholars to discuss the relevant historical traditions in the United States, and consider the possibility of a progressive vision for and interpretation of that history.