Religion-only accommodation question
Hamilton02 at aol.com
Hamilton02 at aol.com
Fri Apr 8 10:08:28 PDT 2005
There are too many to name here, but faith-healing exemptions exist for both
criminal and civil liability in many states. An article published a few
years ago documented over 200 preventable deaths of children due to
faith-healing. Churches facing clergy abuse lawsuits (the Roman Catholic Church and the
Jehovahs Witnesses have the most litigation at this time) are using First
Amendment arguments to avoid discovery in both civil cases and criminal
investigations. States like Missouri and WIsconsin, among others, have shielded
churches from civil liability in clergy abuse cases.
The purpose of my book, God vs the Gavel (Cambridge June 2005), is to
document many of the harms that religious entities have levied and to explain how
they have used the First Amendment and legislative accommodation to avoid
social responsibility and liability.
Marci
I don't know much about this and want to learn more. Are religious
institutions really able to use judicial or legislative exemptions to defend
themselves against crimes of physical or sexual abuse? It seemed to me that
virtually any harm to others was enough to get your judicial claim for exemption
quickly denied or your existing legislative exemption deemed unconstitutional.
What concrete examples are there where religious entities have used
religion-only accommodations (legislative or judicial) to pull off such harm? (I know
that religious entities can use religion-neutral laws or accommodations to
harm people, but that's true for all groups, not just religious ones. And I
know that religious entities have sometimes tried to use religion-only
accommodations to impose harm on others, but in the examples I have seen, they
always lose.)
Chris
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