"Mormon Student, Justice, ACLU Join Up"

[Volokh, Eugene]

 	I appreciate this argument, but wasn't something similar said in
Sherbert itself, and (rightly or wrongly) rejected by the Court?

> -----Original Message-----
> From: religionlaw-bounces at lists.ucla.edu 
> [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Paul 
> Finkelman
> Sent: Monday, September 03, 2007 10:38 AM
> To: davideguinn at hotmail.com; religionlaw at lists.ucla.edu
> Subject: RE: "Mormon Student, Justice, ACLU Join Up"
> 
> 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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