Solomon Amendment -- Religious Discrimination

[daviwag at regent.edu]

Yes, for all that need it.  It doesn't single out Quakerism or anyone else.
It draws on a long tradition of Quaker-based (but not textually
Quaker-specific) exceptions, e.g. to oath requirements.  
 
On the current Court, only Stevens thinks legislative accommodation of
religion violates the Establishment Clause.  The Court experimented with
that position in Thornton v. Caldor, but it seems to me that's a precedent
more teed up for overruling than likely to drive future decisions.
 
I'd also reference the dicta in Smith that positively encourage legislatures
to enact religious exemptions.  Come to that, RFRA applies to the Solomon
Amendment, being federal, so it seems to me the close question is whether
the exemption for pacifist-oriented schools might be required.  
 
 
David M. Wagner
Regent University School of Law
 


  _____  

From: Jonathan Miller [mailto:jmiller at swlaw.edu] 
Sent: Friday, March 10, 2006 5:11 PM
To: daviwag at regent.edu
Cc: CONLAWPROF at lists.ucla.edu
Subject: Re: Solomon Amendment -- Religious Discrimination


No, Presiding Bishop v. Amos does not settle it.  That statute offered an
exemption for all religions.  Here we just have one for some.


daviwag at regent.edu wrote:


 



  

-----Original Message-----

From: conlawprof-bounces at lists.ucla.edu 

[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of 

Jonathan Miller

Sent: Friday, March 10, 2006 3:49 PM

To: CONLAWPROF at lists.ucla.edu

Subject: Solomon Amendment -- Religious Discrimination



I just finished reading Rumsfeld v. FAIR and am puzzled by 

Chief Justice Roberts' passing reference to the statutory 

exception  for institutions with "a longstanding policy of 

pacifism based on historical religious affiliation."  10 USC 

983(c)(2).  Isn't this clearly discrimination among 

religions?  

    





Didn't Corporation of the Presiding Bishop v. Amos settle this?





David M. Wagner

Regent University School of Law







  

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