I'm afraid I can't do much to explain strict scrutiny on the list -- many tomes have been written on the subject; you might start with a good short book (say, the Nutshell) on the Religion Clauses. Nor is the matter quite one of "conscience" rather than "religion"; given Yoder, the Free Exercise Clause applies only to religious objectors, but given Thomas, the religious belief need not be one that's shared with a broader group. The burden is on the plaintiff to show sincerity, but my sense is that courts are usually reluctant to find the person insincere unless there's pretty strong evidence of that (and the mere convenience of his beliefs ought not by itself be enough).
> Good points, Eugene. So conscience is the key here, not > necessarily religious believe. How does one prove sincerity > of belief--is it the government's responsibility to disprove > sincerity of belief, or is it the plaintiff's responsibility > to prove sincerity? I'm ignorant of "strict scrutiny"; I'm > understanding that Washington State provides for individual > cases in its constitution, and make exceptions? The Washington Constitution's religious freedom clause has been interpreted by Washington courts to follow the Sherbert/Yoder strict scrutiny model. > I'm still not convinced that Sherbert applies here: Again, > I'll plead ignorance of the case--did the plaintiff have > children to support? Frankly, I know I'm working this I don't think this matters; Sherbert was herself being supported by the unemployment insurance, even though her reason for not working at the jobs which she could fine was religious, and even though the state argued that supporting her religiously-motivated unemployment would violate the Establishment Clause. > backwards. I believe that regardless of sincere religious > conviction, a parent (regardless of > gender) should be not be relieved of the burden of financial > responsibility to their child. I'm thinking that should a > parent choose to take a vow of poverty, they should be > required to perform community service in lieu of child > support. Give back to the community that is supporting their child. > > If that parent's right to strict scrutiny is being denied, by > all means, that needs to be rectified. > > Jean Dudley. > And thank you for educating me so far. > _______________________________________________ > To post, send message to Religionlaw@lists.ucla.edu To > subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be > viewed as private. Anyone can subscribe to the list and read > messages that are posted; people can read the Web archives; > and list members can (rightly or wrongly) forward the > messages to others. > _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.