"Mormon Student, Justice, ACLU Join Up"

[Paul Finkelman]

But this does not really work. CO status prevents the gov. from forcing
you to violate your faith; holding a scholarship to exercise your faith
or your voluntary support for your faith is different. CO status also
required alternative service.  The analogy here would be that you have
CO status, but have no obligation to serve (in say a hospital) AND on
top of that, you get GI Bill benefits.  This issue is giving a benefit
(scholarship) to someone who otherwise is not qualified because he
voluntarily dropped out of school to do something else. 

Paul Finkelman
President William McKinley Distinguished Professor of Law
     and Public Policy
Albany Law School
80 New Scotland Avenue
Albany, New York   12208-3494

518-445-3386 
pfink at albanylaw.edu
>>> davideguinn at hotmail.com 08/30/07 2:14 PM >>>
Isn't this analogous to the conscientious objector cases where sincere
commitment should determine the exemption?  David

> Subject: RE: "Mormon Student, Justice, ACLU Join Up"> Date: Thu, 30
Aug 2007 10:49:38 -0700> From: VOLOKH at law.ucla.edu> To:
religionlaw at lists.ucla.edu> > A quick question: Say the Mormon student
wins, on a Sherbert-like> rationale. Another student wants a similar
exemption on the grounds> that he feels a religious motivation to take
two years off to meditate,> or to make money to help support his family,
or to fulfill what he sees> as God's command to step back from formal
education and take time to> find the meaning of life. Assume that the
student's religious> motivation for this is found to be sincere. > > I
take it that he'd have to be treated the same as the Mormon,> right? I'm
not saying that this is a particularly horrible result, but> I just
wanted to explore what the result would end up being.> > Eugene>
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