I haven't read the case either. But isn't any "individualized exceptions" doctrine predicated on the facts of a particular society? That is, if there exist too many exceptions the practice, whether drama, literature, philosophy, and so forth, will be unable to operate in anything like a coherent manner.
Every interest--attraction or aversion--can be transformed or regarded as a religious requirement. And if it is true--and I have no way to verify this--that new religions are created daily, then in practice almost anyone can claim an interest or aversion that should be an exemption form academic requirements of all kinds. I am generally in favor of exemptions, but don't these facts militate in favor of formulating an "individual exceptions" doctrine with inherent restrictions which themselves do not favor particular (especially majority) religions? Bobby
Robert Justin Lipkin Professor of Law Widener University School of Law Delaware |
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