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Religious Liberty or Religious License? Legal Schizophrenia and the Case against Exemptions Posted by Michael E. Marotta on 5/16, 4:08am | ||
This was a post on the "Voices for Reason" blog of the Ayn Rand Institute. (See here.) That summary provided links to the journal article cited here. You may need to register to download the PDF, but no other subscription is required.
"My aim here, again, is to demonstrate how thoroughly misguided the notion of religious exemptions is. The practice of granting select groups of people wholesale permission to violate perfectly good law directly collides with the mission of a proper legal system and thus undermines its efficacy." -- Page 46 Paragraph 1
"I will present the four strongest arguments made on behalf of religious exemptions: appeals to the First Amendment, to equality, to liberty, and to the significant role of religious identity in many people’s lives. In Part IV, I will respond to these arguments, exposing the logical infirmities that undermine each. Finally, I will consider whether differential legal treatment of individuals might ever be justified." -- Pg 46 pr 3
"Note that our courts have sometimes recognized this problem. In a 19th century case concerning Mormon marriage, Justice Waite wrote that to permit laws’ violation because of religious belief “would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself. Government could exist only in name under such circumstances.”50 In Chandler v. James, the United States District Court for the Middle District of Alabama reasoned that “if the Free Exercise Clause protected all religious activity, it would not be possible to maintain a civil, pluralistic society.”51 And in Employment Division v. Smith, the peyote case that propelled Congress’s adoption of the Religious Freedom Restoration Act,52 Justice Scalia’s majority opinion observed that “[to] make an individual's obligation to obey . . . a law contingent upon the law's coincidence with his religious beliefs, except where the State's interest is ‘compelling’ . . . contradicts both constitutional tradition and common sense.”53
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