Law Commons^™

How To Think About Religious Freedom In An Egalitarian Age, Nelson Tebbe

Faculty Scholarship

No abstract provided.

Liberal, Conservative, And Political: The Supreme Court's Impact On The American Family In The Uber-Partisan Era, Marsha B. Freeman

Faculty Scholarship

No abstract provided.

Religiously-Motivated Medical Neglect: A Response To Professors Levin, Jacobs, And Arora, Doriane Lambelet Coleman

Faculty Scholarship

This Response to Professors Levin, Jacobs, and Arora’s article To Accommodate or Not to Accommodate: (When) Should the State Regulate Religion to Protect the Rights of Children and Third Parties? focuses on their claim that the law governing religious exemptions to medical neglect is messy, unprincipled, and in need of reform, including because it violates the Establishment Clause. I disagree with this assessment and provide support for my position. Specifically, I summarize and assess the current state of this law and its foundation in the perennial tussle between parental rights and state authority to make decisions for and about the …

Granting Exemptions From Legal Duties: When Are They Warranted And What Is The Place Of Religion?, Kent Greenawalt

Faculty Scholarship

In what follows, I focus on when exemptions from legal duties are called for and whether religion should be a crucial ingredient. I concentrate especially on the present controversy over same-sex marriage, and how far people and organizations should be required to afford those couples equal status. But other kinds of exemptions can help us understand various general questions and provide key insights about this intense concern of our time.

My basic conclusions are these: religious convictions and practices do matter but only sometimes should they be legally distinguished from other bases. Considering all that is at stake, certain exemptions …