Free Exercise Clause and child support obligation
Jean Dudley
jean.dudley at gmail.com
Mon Aug 14 17:17:19 PDT 2006
On Aug 14, 2006, at 1:28 PM, Alan Brownstein wrote:
>
>
>
> Jean makes an important point here when she states,
>
> "I'm thinking that should a parent choose to take a vow of poverty,
> they
> should be required to perform community service in lieu of child
> support. Give back to the community that is supporting their child."
>
> The state's interest here isn't making sure that a child receives
> adequate food and shelter. That can be provided by the state. The
> state's interest is money. Similarly, those of us who support
> religious
> exemptions want the religious individual to be free to follow his
> or her
> conscience -- but we are not particularly interested in providing a
> religious individual secular benefits incidental to the granting of an
> exemption. One way to simultaneously offset the state's increased
> costs
> and reduce the secular benefit resulting from an exemption is to
> require
> the religious individual to do community service -- or some other
> action
> that serves the public good and disgorges the secular benefit he or
> she
> has received.
>
> Shameless plug. I have an article coming out soon exploring this
> general
> issue in more depth.
>
> Alan Brownstein
OK, let's take it to the next level: Let's say the parent opts to
work for the Church doing religious outreach; would that count as
"community service"? How about (yes, it's an extreme case) working
at a church-run medical clinic that discriminates based on religion
or religious belief? Or should a judge assign secular tasks?
Jean
More information about the Religionlaw
mailing list