"Mormon Student, Justice, ACLU Join Up"

Vance R. Koven vrkoven at gmail.com
Thu Aug 30 06:15:53 PDT 2007


More to the point, I would think, is that neither military nor community
service is required, either (well, maybe community service when part of a
criminal sentence). Since there are clearly secular exemptions to the rule,
it can't be said to be a neutral rule of general application. Smith
therefore doesn't apply, and Sherbert does, right?

Vance

-- 
Vance R. Koven
Boston, MA USA
vrkoven at world.std.com

On 8/30/07, Ed Darrell <edarrell at sbcglobal.net> wrote:
>
> No, the mission is not required, in the same sense that, if elected, a
> cardinal may turn down the papacy, or Mother Teresa can return from the dead
> and refuse canonization -- well, maybe not that serious.  Only someone who
> is not a member of the church and doesn't have to face years of questions in
> elders' quorums, queries from potential spouses' parents, and the general
> disapproval of everyone a person knows, would think it's a voluntary sort of
> thing that is optional, and no big deal.
>
> People are encouraged to breathe, but it's not required . . .
>
> Ed Darrell
> Dallas
>
> *Brad Pardee <bp51414 at alltel.net>* wrote:
>
> I found this line particularly interesting:
>
> "The state's request to dismiss Haws' lawsuit notes that Mormon missions
> are
> encouraged, not required. Haws was 'under no compulsion to choose between
> the tenets of his religion and continued receipt of the PROMISE
> scholarship,' the motion reads."
>
> As I've read the posts here over time, it has seemed like the question is
> often finding the balance between the free exercise clause and the
> establishment clause. To my layman's eye, though, it would seem, though,
> that in this case, the state is potentially managing to run afoul of both
> clauses. It sounds like the student is making a free exercise claim when
> he
> talks about being forced to choose between his religion and his
> scholarship.
> However, if the state is making pronouncements that distinguish between
> what
> a religion encourages and what a religion requires, could a case be made
> that this qualifies as excessive entanglement?
>
> Brad Pardee
>
> ----- Original Message -----
> From: "Volokh, Eugene"
> To: "Law & Religion issues for Law Academics"
> Sent: Thursday, August 30, 2007 1:28 AM
> Subject: "Mormon Student, Justice, ACLU Join Up"
>
>
> > Any thoughts on this?
> >
> >
> >
> http://www.foxnews.com/wires/2007Aug25/0,4670,ReligionLawsuitScholarship,00.html
> >
> > The Justice Department is joining the American Civil Liberties Union in
> > backing a student who lost his state-funded merit-based scholarship
> > because he left college to serve a two-year church mission.
> >
> > The department's Civil Rights Division filed a friend-of-the-court brief
> > Friday in U.S. District Court in Charleston on behalf of David Haws, a
> > student at West Virginia University.
> >
> > Haws, a Mormon, is suing a state scholarship board, alleging it violated
> > his First Amendment right to freely exercise his religion. His attorney
> > argues that by denying Haws' request for a leave of absence, the board
> > forced him to choose between his religion and his scholarship through a
> > state program, known as PROMISE.
> >
> > The Justice Department noted that the PROMISE Board grants deferments
> > for military and community service, and that by denying a deferral for
> > religious purposes, the board was placing a lower value on religious
> > deferments....
> > _______________________________________________
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