"Mormon Student, Justice, ACLU Join Up"

[Paul Finkelman]

but wasn't the difference that in Sherbert:
 1) the gov. was in effect ordering someone to violate his faith by
going to work in violation or or lose a benefit, and here there is no
"requirement" that he go on the mission or (I think) no requirement that
he go on the mission at this time.  He could, presumably, go after
college or presumably have deferred applying to college and applying for
the scholarship until after his mission was over. 
2)  in Sherbert the government wanted to force Sherbert to violate his
faith by working on his sabbath and here no one is trying to force the
student to go to college against his faith. 

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
>>> VOLOKH at law.ucla.edu 09/03/07 2:17 PM >>>
 	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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