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


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