Should we really assume that it is harder to get something through a 
legislature than to get a ballot measure passed? I can't speak to how easy it 
is to get a ballot measure together in North Dakota, but in several states and 
on some issues it is arguably easier to change the constitution than to get a 
bill through the legislature. The Texas Constitution has over 400 amendments, I 
believe.


________________________________________
From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] 
On Behalf Of Christopher Lund [l...@wayne.edu]
Sent: Friday, June 15, 2012 11:03 AM
To: 'Law & Religion issues for Law Academics'
Subject: RE: Religious exemptions in ND

That is true.

From: religionlaw-boun...@lists.ucla.edu 
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene
Sent: Friday, June 15, 2012 10:49 AM
To: Law & Religion issues for Law Academics
Subject: RE: Religious exemptions in ND

Chris Lund writes:

It’s also important to keep in mind that the protection of state RFRAs can 
always be legislatively narrowed—and that has happened.  Concerned with a 
pending suit by a Muslim to claim a drivers’ license without having to take off 
her headscarf, Florida statutorily (and retroactively) removed such claims from 
the protection of Florida’s RFRA.  Judging by Florida’s reaction to it, that 
apparently is the most threatening state RFRA claim that has ever been brought. 
 I leave it to the listserv to evaluate how bad it really is, but it is 
certainly less scary than what Measure 3 opponents feared.


              I think the opportunity for legislative narrowing is a critical 
argument in favor of state RFRAs – but wouldn’t that have at least been 
somewhat harder with Measure 3, which would have been a state constitutional 
amendment and not a state statute?
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