State no longer funding circumcisions, except religiously mandated ones

Rick Duncan nebraskalawprof at yahoo.com
Fri Sep 2 13:14:45 PDT 2005


This looks like Locke v. Davey in reverse, no?  Room for "play in the joints" between what the FEC permits and what the EC forbids? The purpose is to treat religious necessity and medical necessity equally, with both being preferred over non-necessary procedures.
 
Or, maybe  it looks like a religious preference that violates the EC, because the state funds all religious circumsions (etc) but only medically-necessary secular circumsions. 
 
But turn about is fair play, right,  now that the skin is on the other...um...thing.
 
Rick Duncan

"Volokh, Eugene" <VOLOKH at law.ucla.edu> wrote:
Any thoughts on whether this is constitutional?

http://www.duluthsuperior.com/mld/duluthsuperior/news/local/12542049.htm

> ASSOCIATED PRESS
> 
> ST. PAUL - The state's insurance programs for 670,000 
> low-income Minnesotans no longer include coverage of Viagra, 
> sex-change operations or circumcisions, unless required by 
> one's religion [or medically necessary] . . . .
> 
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Rick Duncan 
Welpton Professor of Law 
University of Nebraska College of Law 
Lincoln, NE 68583-0902

"When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand Miracle

"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered."  --The Prisoner
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