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Religion Law

Faculty Scholarship

1998

Marquette Law Review

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Judicial Resolution Of Issues About Religious Conviction, Kent Greenawalt Jan 1998

Judicial Resolution Of Issues About Religious Conviction, Kent Greenawalt

Faculty Scholarship

What can judges and lawyers learn about religion from those whose field is religious studies, and from others who can illuminate the phenomenon of religion? Using examples provided in Winnifred Fallers Sullivan's paper, I want to place this general question within the fabric of free exercise law.

What I say assumes that some legal issues she raises have reasonably clear answers. Given the cavalier way the Supreme Court turned free exercise law upside down in Employment Division v. Smith, and given its harsh reception of the Religious Freedom Restoration Act (RFRA), which had received overwhelming Congressional support, little in this …