RFRA and drawing blood for DNA database

Volokh, Eugene VOLOKH at law.ucla.edu
Wed Dec 19 13:38:14 PST 2007


	(1)  I was hoping we could change the subject line, simply to be
more accurate -- the Ninth Circuit remanded for further proceedings on
the RFRA claim, but I think it did not hold that the RFRA claim will
prevail, even as to drawing blood.
 
	(2)  I don't think that IV drug use is a particularly strong
indicator that a person lacks a sincere belief in the impropriety of
piercing the skin.  Addicts notoriously do things that they know are
wrong; an addict may sincerely believe that it's wrong to steal, and yet
nonetheless steal to support his addiction -- this doesn't of course
make his theft proper, but it also doesn't make his condemnation of
theft insincere.  Likewise, an alcoholic can sincerely believe in the
tenets of an anti-alcohol religious belief system, and feel very guilty
about violating those tenets even though he consistently violates them.

	Eugene


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