EC & Compelling Interest

[Ed Brayton]

I've always thought that the "special situation" analysis was little
more than the Court admitting that they do not wish to go where logical
reasoning demands they go so they're arbitrarily declaring an exception
to the rule. I do think that Art's example is a good one; I don't have
any problem with military chaplains paid for by the government for that
reason. 
 
Ed Brayton
 
-----Original Message-----
From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Rick Duncan
Sent: Sunday, July 22, 2007 8:32 PM
To: Law & Religion issues for Law Academics
Subject: Re: EC & Compelling Interest


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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