Doug Laycock writes that "the willingness to treat atheism as a religion is very encouraging."

        I agree that, for certain purposes, including rights of _expression_, religious views and anti-religious views need to be treated equally. 

        On the other hand, it has always seemed to me that to extend the idea of religion-based exemptions beyond the realm of specifically religious norms conflicting with secular law would, in effect, create a universal libertarian presumption that no law can be applied against a dissenting individual unless that law is supported by a compelling governmental interest.  And that sort of universal libertarian presumption just strikes me as implausible and inconsistent with our constitutional and legal structure.

        Doug is right that some opponents of religion-based exemptions make something like the following argument:

  1.  We can't exempt only believers, because that would discriminate against nonbelievers.

  2.  But we can't exempt nonbelievers, because nonbelief is not a religion.

  3.  Therefore, we can't exempt anybody.


        But I think that we should be equally concerned about the following argument:

  1.  We can't exempt non-believers, because that would create a universal libertarian presumption in the law, which is implausible.

  2.  But we can't exempt only believers, because that would discriminate against nonbelievers.

  3.  Therefore, we can't exempt anybody.


        In both cases, the flaw in the reasoning (which Doug agrees is a flaw) is the notion that "we can't exempt only believers."  Of course we can exempt only believers, and there are good, normatively compelling, reasons to do so.

                                            Perry


*******************************************************
Perry Dane                                
Professor of Law

Rutgers University
School of Law  -- Camden                 

[EMAIL PROTECTED]
www.camlaw.rutgers.edu/bio/925/
www.ssrn.com/author=48596
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