Thanks for the scorecard. It is helpful!
-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene
Sent: Thursday, October 04, 2007 2:33 PM
To: Law & Religion issues for Law Academics
Subject: RE: Michigan RFRA?
Reid v. Kenowa Hills Public Schools, 261 Mich.App. 17, 680
N.W.2d 62 (2004), seems to adopt the Sherbert/Yoder strict scrutiny
model as a matter of Michigan constitutional law. On the other hand, it
relies on an earlier state supreme court decision that rested on a
hybrid rights Free Exercise Clause theory, and doesn't expressly discuss
the Sherbert vs. Smith issue, so perhaps it might not be the strongest
precedent on this score.
Here's the scorecard, as I see it:
RFRA statutes (12): AZ, CT, FL, ID, IL, MO, NM, OK, PA, RI, SC,
TX.
RFRA constitutional amendment (1): AL.
Sherbert/Yoder under state constitution (12): AK, IN, ME, MA,
MI, MN, MT, NC, OH, VT, WA, WI.
Smith under state constitution (4): MD, NJ, OR, TN.
Ambiguous, leaning in favor of Smith (1): KS.
Uncertainty expressly noted (4): CA, HI, NY, UT.
Nothing said (16): AR, CO, DE, GA, IA, KY, LA, MS, NE, NV, NH,
ND, SD, VA, WV, WY.
Eugene
________________________________
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of
[EMAIL PROTECTED]
Sent: Thursday, October 04, 2007 7:17 AM
To: religionlaw@lists.ucla.edu
Subject: Re: Michigan RFRA?
There are 13 state rfras; Michigan is not one of them.
Marci
Marci A. Hamilton
Visiting Professor of Public Affairs
Kathleen and Martin Crane Senior Research Fellow
Program in Law and Public Affairs
Woodrow Wilson School
Princeton University
-----Original Message-----
From: Ed Brayton <[EMAIL PROTECTED]>
To: Religionlaw Listserv <religionlaw@lists.ucla.edu>
Sent: Thu, 4 Oct 2007 1:38 am
Subject: Michigan RFRA?
Does anyone on the list know if Michigan has passed their own
version of RFRA? If so, can you tell me where to find it in the Michigan
code? Thanks.
Ed Brayton
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