Law Commons^™

The“Specialness” Of Religious Conscience: An Egalitarian Response, Joseph Marsden Dunne

Wayne State University Dissertations

Religion is often singled out for special legal treatment in Western societies. This is certainly true in the United States where religion enjoys a special place in the First Amendment to the Constitution via the Free Exercise and Establishment Clauses. Through Free Exercise guarantees, for example, the Supreme Court held in Wisconsin v. Yoder that Amish children were entitled to an exemption from compulsory school attendance laws after the eighth grade, emphasizing that this was a uniquely religious exemption that did not apply to everyone. Moreover, those conscientiously objecting to contemporary vaccination laws may find themselves with varying protections depending …