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In a message dated 2/9/2004 2:27:17 PM Eastern Standard Time, [EMAIL PROTECTED] writes:
To sing religious songs of another faith is troubling, What counts as more disturbing may be in the eye of the beholder. What if a religion regards those "dissenting students" who "opt out of required classroom singing of such [the particular religion's] songs" to be terribly disrespectful (even blasphemous) to its religion and God? Now, if the reply is but no religion inculcates its members to so regard "opting out," my reply would be twofold: (1) Is that an empirically confirmable claim, and (2) If it is, aren't we lucky?
The point, as I see it at least, is that any conception of individualized exceptions conceptually has inherent defects that are concealed only in circumstances when there exists a certain homogeneity (or similarity) of religions. Once we open the discussion up to additional possible religions, I do not think anyone can consistently embrace individualized exceptions. That we don't live in such a world, at least in the U.S.--and I certainly hope we don't makes us lucky. It doesn't justify the individualized exception doctrine, if it is a doctrine.
Bobby
Robert Justin Lipkin Professor of Law Widener University School of Law Delaware |
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