Re: FW: Religious Exemption From Vaccination Policy Requires Acceptance of Secular Reasons As Well

2014-06-08 Thread Hillel Y. Levin
t; [mailto:religionlaw-boun...@lists.ucla.edu > ] *On > Behalf Of *Hillel Y. Levin > *Sent:* Sunday, June 08, 2014 3:12 AM > *To:* Law & Religion issues for Law Academics > *Subject:* Re: FW: Religious Exemption From Vaccination Policy Requires > Acceptance of Secular Reasons

RE: FW: Religious Exemption From Vaccination Policy Requires Acceptance of Secular Reasons As Well

2014-06-08 Thread Volokh, Eugene
, 2014 3:12 AM To: Law & Religion issues for Law Academics Subject: Re: FW: Religious Exemption From Vaccination Policy Requires Acceptance of Secular Reasons As Well Eugene: Are you asking whether religion is a one way ratchet? Under at least one reading of Smith/Lukumi, as typified in the Ten

Re: FW: Religious Exemption From Vaccination Policy Requires Acceptance of Secular Reasons As Well

2014-06-08 Thread Hillel Y. Levin
Eugene: Are you asking whether religion is a one way ratchet? Under at least one reading of Smith/Lukumi, as typified in the Tenafly eruv case, if there are (at least some kinds of) secular exceptions, then there must also be a religious exception. But if there is a religious exception, must there

Re: FW: Religious Exemption From Vaccination Policy Requires Acceptance of Secular Reasons As Well

2014-06-07 Thread mallamud
Marty's comment below suggests that Employment Division v. Smith sets the right standard. Consider this paragraph of Marty;s: "Assume that a state actor, such as a legislature or a state employer, granted a religious-only exemption to a vaccination requirement. This actually happens quite fr

Re: FW: Religious Exemption From Vaccination Policy Requires Acceptance of Secular Reasons As Well

2014-06-07 Thread Marty Lederman
Well, the opinion is a complete mess, and might not best be read as a constitutional decision at all. It does, however, suggest a lurking interesting question about religious accommodations and vaccinations, albeit one not raised by this case. This is an unemployment compensation case involving a

FW: Religious Exemption From Vaccination Policy Requires Acceptance of Secular Reasons As Well

2014-06-06 Thread Volokh, Eugene
Any thoughts on this New Jersey case? (Note that the court’s rationale focused not on the Establishment Clause as such, but rather on the conclusion that “The Board's decision upholding appellant's termination unconstitutionally discriminated against appellant's freedom of expres