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Marci, By across-the-board exemptions, I
mean exemptions from all laws or a large category of laws that are given to
certain persons/groups, unless the government can convince a judge that in any
given situation the exemption should not be given because it can pass some sort
of test, such as the strict scrutiny test. My original question was, Why
should religious persons/groups, and they alone, be given such
exemptions? So far as I can tell, no one who has responded to this
question has given a credible or prima facie answer. Prof. Newsome cited
the First Amendment itself, but as Eugene said in response, its meaning is not
self-evident. Thus, I ask again, Why should it be interpreted as a
guarantee of across-the-board exemptions? All that Doug and a few
others did was to argue that if religious persons/groups are not given such
exemptions, they will be harmed in some, presumably serious ways, e.g.,
they will be assimilated to some degree into the larger society. This,
however, goes without saying. Of course, they will be harmed and/or
assimilated. Religious persons/groups, however, are not the only
persons/groups in society who will be harmed or assimilated if they are forced
to obey valid, secular laws. Thus, I repeat, Why should religious
persons/groups alone be given such special treatment by the government?
Prof. Scarberry said that religion was special but did not explain in what sense
it was special. Prof. Brownstein said that religious persons/groups should
get across-the-board exemptions because persons, like you and me (?), who are
opposed to such exemptions are comparable to gay-bashers, i.e., they are out to
eliminate religion from society. Mercy! I will not dignify that with
a response. Although you, Marci, are an opponent of across-the-board
religion-based exemptions, even you say (below), "Religion is a given part of
human existence, and deserves to be given as much latitude as possible."
Surely, however, your conclusion does not follow from your premise. I am,
therefore, still waiting for an answer to my question.
Ellis M. West
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