"Mormon Student, Justice, ACLU Join Up"

[Douglas Laycock]

  Paul, I think we have different understandings of the facts.  He
doesn't want to be paid the cash value of his scholarship while he
goes on his mission; that claim would be absurd.  He doesn't want to
qualify for the scholarship on his return because of, or on account
of, his having served a mission. He wants to claim a scholarship for
which he has already qualified on neutral and secular grounds, and
defer the use of that scholarship so that he does not lose it because
he went on his mission after the scholarship was awarded.

  Quoting Paul Finkelman <pfink at albanylaw.edu>:

> 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>
> _______________________________________________> To post, send
message
> to Religionlaw at lists.ucla.edu> To subscribe, unsubscribe, change
> options, or get password, see
> http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw[1]> >
Please
> note that messages sent to this large list cannot be viewed as
private.
> Anyone can subscribe to the list and read messages that are posted;
> people can read the Web archives; and list members can (rightly or
> wrongly) forward the messages to others.
> _________________________________________________________________
> Discover the new Windows Vista
>
http://search.msn.com/results.aspx?q=windows+vista&mkt=en-US&form=QBRE[2]
> _______________________________________________
> To post, send message to Religionlaw at lists.ucla.edu
> To subscribe, unsubscribe, change options, or get password, see 
> http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw[3]
>
> Please note that messages sent to this large list cannot be viewed
as
> private.  Anyone can subscribe to the list and read messages that
are
> posted; people can read the Web archives; and list members can 
> (rightly or wrongly) forward the messages to others.
>
>
>

Douglas Laycock
Yale Kamisar Collegiate Professor of Law
University of Michigan Law School
625 S. State St.
Ann Arbor, MI  48109-1215
  734-647-9713

Links:
------
[1] 
/horde/services/go.php?url=http%3A%2F%2Flists.ucla.edu%2Fcgi-bin%2Fmailman%2Flistinfo%2Freligionlaw
[2] 
/horde/services/go.php?url=http%3A%2F%2Fsearch.msn.com%2Fresults.aspx%3Fq%3Dwindows%2Bvista%26mkt%3Den-US%26form%3DQBRE
[3] 
/horde/services/go.php?url=http%3A%2F%2Flists.ucla.edu%2Fcgi-bin%2Fmailman%2Flistinfo%2Freligionlaw

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.ucla.edu/pipermail/religionlaw/attachments/20070903/a7df4556/attachment.htm