Religious exemptions for the non-religious

2007-03-01 Thread Perry Dane
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 seem

RE: Religious exemptions for the non-religious

2007-03-01 Thread Brownstein, Alan
I think Perry is correct that there are good, normatively compelling reasons for exempting only believers - but I wouldn't say "of course" this is so. I often respond to the argument that there is no reason to treat religion differently than secular beliefs for the purpose of creating conscience ba

Re: Religious exemptions for the non-religious

2007-03-01 Thread David E. Guinn
I must admit having some sympathy for Perry's position. In my book FAITH ON TRIAL, I advanced the following argument supporting an expansive protection of religious exceptions that would justify attention to traditional religions: 1 Law regulates behavior based upon social utilitarian grounds (

RE: Religious exemptions for the non-religious

2007-03-01 Thread Berg, Thomas C.
Atheism and agnosticism should be considered religions for free exercise purposes because, as Doug has argued in print, we would regard them as religions for establishment purpose -- if the government set up a Temple of Atheism or schools taught officially that God does not exist. If one takes the

Re: Religious exemptions for the non-religious

2007-03-01 Thread RJLipkin
In a message dated 3/1/2007 4:06:41 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: Atheism and agnosticism should be considered religions for free exercise purposes because, as Doug has argued in print, we would regard them as religions for establishment purpose It might be t

Re: Religious exemptions for the non-religious

2007-03-01 Thread RJLipkin
Sure, one denies certain propositions in physics, but as with any science--for that matter any field of study--conceptual, paradigmatic propositions when denied eviscerate that field either to replace it with another paradigm and field or to let it drift asunder as in the case of alchemy.

RE: Religious exemptions for the non-religious

2007-03-01 Thread Volokh, Eugene
A question for those who argue that government endorsement of religion violates the Establishment Clause on the grounds that such endorsement makes those who don't adhere to the favored religion -- or to religion generally -- feel like outsiders, and less than full members of the political

RE: Religious exemptions for the non-religious

2007-03-01 Thread Berg, Thomas C.
I'm not sure what "the denial of physics" means. Doesn't one deny (or affirm) a particular proposition or set of propositions about physics? Similarly, it seems to me that there is a recognizable usage of "religion" that includes varying positions on the ultimate questions such as the existence of

RE: Religious exemptions for the non-religious

2007-03-01 Thread Douglas Laycock
I am sitting out this discussion because I have an oral argument tomorrow (on a remedies case of no interest to this list). I don't think that plausible claims to exemption by nonbelievers arise very often, and objections to killing may comprise all or most of the list. But neither do I think

RE: Religious exemptions for the non-religious

2007-03-01 Thread Volokh, Eugene
Doug Laycock writes: > I am sitting out this discussion because I have an oral > argument tomorrow (on a remedies case of no interest to this > list). I don't think that plausible claims to exemption by > nonbelievers arise very often, and objections to killing may > comprise all or most of