RFRA and drawing blood for DNA database

[Steven Jamar]

While I agree that IV drug use does not determine the issue of sincerity, it
is certainly relevant to that issue.  I do not understand the court to be
saying much more than that here.  On the broader issue, how do we treat
sincerity of The Scarlet Letter type where actions are so at odds with
professions of belief?  One of the questions related to getting
conscientious objector status was famously "do you hunt?"

Steve


On Dec 19, 2007 4:38 PM, Volokh, Eugene <VOLOKH at law.ucla.edu> wrote:

>        (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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-- 
Prof. Steven Jamar
Howard University School of Law
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