Rare case involving finding of insincerity under RFRA (albeit by
the military in a conscientious objector context)
VOLOKH at mail.law.ucla.edu
Wed Jun 27 10:48:15 PDT 2001
In my experience, very few reported RFRA or Free Exercise Clause
claims involve a finding of insincerity; my assumption has long been that
courts are reluctant to make such obviously highly subjective findings. I
have known that, for practical reasons, the approach has been different in
the draft context, and that historically draft boards have rejected quite a
few people on insincerity grounds. But I haven't seen any recent court
cases that deal with this subject.
Lipton v. Peters, 1999 WL 33289705 (W.D. Tex. Oct. 12), which just
appeared on WESTLAW in the last couple of weeks, is a good example of such a
RFRA case, albeit one in which a district court is reviewing, with some
deference, the military's sincerity findings.
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