"Mormon Student, Justice, ACLU Join Up"

[Christopher Lund]

I think this argument proves too much.  This sort of triangulation can be used to attack all religious exemption claims.  Take the strongest claim for exemption you can imagine * say the claim for peyote in Smith.  You can always posit a weak religious claim for the exact same thing * say a Christian that wants to sell peyote to the Native Americans to raise money to get medical care for his parents ("honor thy mother and father").  Then take the analogous secular claim to that * the nonreligious person that wants to sell peyote to the Native Americans to raise money to get medical care for his parents.

If courts can't draw a distinction between the first and the second (b/c of Larson v. Valente, I guess), and they can't draw a distinction between the second and the third (b/c of the EPC) * then I guess every religious claim for exemption is done.

Chris

Christopher C. Lund
Assistant Professor of Law
Mississippi College School of Law
151 E. Griffith St.
Jackson, MS  39201
(601) 925-7141 (office)
(601) 925-7113 (fax)

>>> SLevinson at law.utexas.edu 8/30/2007 10:05 PM >>>
Although I always hesitate to disagree with my (sadly) former cilleague Doug, I confess I'm with Eugene (and, I think, Michael McConnell, on the basis of past threads), on this one.  I see no relevant difference between going to Mongolia to spread the word about the Book of Mormon and a belief that the best way to honor thy parents is by making sure they have adequate medical care, which means raking in enough money to buy them decent insurance.  And, of course, if one allows the religiously motivated caretaking, I think it violates the EP Clause to deny equal leaves to an atheist who for secular moral reasons feels an obligation to take care of her parents.  

Consider these arguments within the context of a departmental requirement that a PhD must be completed within seven years.  Would the fact that the department waives the rule for parents (both mothers and fathers) for up to one year/newborn or for deaths of near family members or domestic partners require waiver for the Mormon missionary?  And if so, why not for anyone who persuades a judge of "good cause" for wishing an extra couple of years?

Sandy