The "Non-Christians Never Win" Accusation

[Robert O'Brien]

The "Non-Christians Never Win" AccusationEugene offered:

  >        2.  In the literal sense, it also ignores the fact that non-Christians 

  > have won even religious accommodation cases in lower courts -- see, 

  >e.g., Muslims in Islamic Center v. City of Starkville, 840 F.2d 293 

  >(5th Cir. 1988), peyotists in State v. Woody (Cal. Sup. Ct. 1965 or so) 

  > and at least one other case, just off the top of my head.  Given the fact 

  > that S. Ct. cases are only the tip of the litigation iceberg, surely these 

  > victories in lower courts are quite relevant.

  I commend Eugene's going beyond the Supreme Court; we sometimes get the impression in law school that the problem is solved once the Supreme Court has spoken.  The scores of Jehovah's Witnesses cases remind us of how often the issues have to be relitigated in lower courts.  

  By the way, do JWs count as Christians?  They are unitarians. (I.e. Does one have to be a trinitarian to be a Christian?)



  Robert J. O'Brien
  obrien at wvwc.edu

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