In Bowen, they discovered at trial that she already had a social security
number By the time the case got to the Supreme Court, the claim was that the
government could not use that social security number to maintain its records on
the child. Plaintiffs said that the government’s use of the number would sap
the child’s spirit.
In Lyng, the government proposed to make noise that would disrupt religious
mediation.
Neither case was about regulating the religious believer’s behavior. The ACA
cases are about regulating the believer’s behavior.
Douglas Laycock
Robert E. Scott Distinguished Professor of Law
University of Virginia Law School
580 Massie Road
Charlottesville, VA 22903
434-243-8546
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of hamilto...@aol.com
Sent: Tuesday, October 02, 2012 12:12 PM
To: religionlaw@lists.ucla.edu
Subject: Re: Court Rejects Religious Liberty Challenges To ACA
Mandate--interpreting "substantial burden"
Doug--The government in Bowen required the applicant to obtain a social
security number to obtain benefits. They did not want to obtain it, because
it would sacrifice their child's soul. Looks like forced "complicity with evil
to me." How does that work under your distinction?
I have to say it looks like a distinction without a difference to me.
Lyng is certainly relevant re: whether the subjective sense of the burden is
relevant. It is not.
Marci
Marci A. Hamilton
Paul R. Verkuil Chair in Public Law
Benjamin N. Cardozo School of Law
Yeshiva University
55 Fifth Avenue
New York, NY 10003
(212) 790-0215
hamilto...@aol.com
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