EC & Compelling Interest

[Rick Duncan]

Art's example is a good one, but I have usually thought of military chaplins as involving a special situation pursuant to which the EC is not violated (as opposed to a situation in which the EC is violated, but justified by a compelling interest in protecting the spiritual needs of military forces). 
   
  Is there really a compelling interest in supplying chaplins for hundreds of thousands of military stationed in California, or New Jersey, or Virginia, or Nebraska?
   
  See also Chambers (not a compelling interest for legislative prayer case, but rather a special rule involving a special situation which, due to history & tradition, does not trigger the EC).
   
  Rick Duncan

ArtSpitzer at aol.com wrote:  How about hiring chaplains for the armed forces?

In a message dated 7/22/07 5:34:54 PM, VOLOKH at law.ucla.edu writes:

      The tough question is to come up with a concrete example of where some compelling interest would indeed be in play.  Rick, what examples did you have in mind?





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  Rick Duncan 
Welpton Professor of Law 
University of Nebraska College of Law 
Lincoln, NE 68583-0902
   
  
"It's a funny thing about us human beings: not many of us doubt God's existence and then start sinning. Most of us sin and then start doubting His existence."  --J. Budziszewski (The Revenge of Conscience)
   
  "Once again the ancient maxim is vindicated, that the perversion of the best is the worst." -- Id.


       
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