There is litigation in the 1970s
(DC Circuit) holding that compulsory attendance at chapel is unconstitutional
even at military academies. And of course, the Fourth Circuit recently banned
an optional prayer to begin meals at that much sued institution,
Virginia Military Institute. I will
Is there really a coercion test, especially in light of Scalia's dissent
in Santa Fe?
-Original Message-
From: Volokh, Eugene [mailto:[EMAIL PROTECTED]
Sent: Sunday, November 28, 2004 4:11 PM
To: [EMAIL PROTECTED]
Subject: Coercion and religious exemptions
I've been trying to think a
The citations to my earlier posting are Mellon
v. Bunting, 327 F3d 355 (5th Cir.2003), Cert denied, (with opinions) US(2004);
Anderson v. Laird,
466 F2d 283 (DC CIr. 1972).
Marc Stern
From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Mark Stern
Sent:
Hmm -- I had thought that nearly everyone agreed that coercion
of religious activity is impermissible, though they disagree about the
nature of the coercion. Even Scalia in Part III of his Lee dissent says
that the Establishment Clause was adopted to prohibit the federal
government from
I dont think that
we disagree. I dont accept Scalias view either. My point is
perhaps only semantic. I dont think that the word coercion
is adequate to do the work that the EC requires, i.e. to frame and shape the
narratives of harm done to religious minorities.
-Original
No single concept, whether coercion or accommodation or equality or equal treatment or any other concept that has been advocated as the way in which to analyze EC or FE problems is sufficient. Hence my advocacy of an approach that clearly articulates the principles to be used and the interests to
Title: Message
I agree that "this will
swamp the judicial system" arguments deserve some empirical inquiry; and since
it's impossible to tell up front what exactly will happen, perhaps sometimes one
ought to start granting exemption and then see what follows. (This is my
view as to how
