What effect?

Stephen M. Feldman stephen-feldman at UTULSA.EDU
Wed Jun 18 11:12:11 PDT 1997


Without belaboring the point, I agree that the Jehovah's Witnesses cases
provided ONE handle for the Court to implement certain changes in
church-state doctrine.  But this point is far different from declaring that
the Jehovah's Witnesses "have been largely responsible for forming modern
American church-state law."  With this latter point, I disagree.
Sincerely,
Stephen M. Feldman

>At 3:27 PM 6/16/97, Stephen M. Feldman wrote:
>
>>Some other factors [influencing the modern church-state separation law]
>>include the changing population demographics between Protestants and Roman
>>Catholics in America, a reduced tolerance for expressions of overt prejudice
>>(e.g. racism, antisemitism, etc.) after the War, and an increased judicial
>>concern for civil rights related to democracy.
>
>While you are doubtless correct that these factors were all important, what
>I think Mr. O'Brien is pointing at is that it was the lingering persecution
>of a particular group that brought these developing attitudes into focus
>within the legal system. The JW cases gave the courts the handle they
>needed to implement some of these philosophical changes, and at the same
>time highlighted the fact that there still were identifiable religious
>groups who were subject to more or less systematic discrimination.
>



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