"Mormon Student, Justice, ACLU Join Up"

[Paul Finkelman]

The "choice" issue, at least for me, is not about being a neo-atheist,
since I am not one.  The issues here is seems is that the student does
have "choice" to not do the mission.  As I understand it not all Mormons
do; and no one has answered the question as to the timing of the
mission. MUST he do it at a certain age.  If not, then there is a great
deal of choice.  He can choose to go to college and then do the mission.
 He can choose to do the mission and then go to college.  I assume, for
example, that Mormons attend West Point or the other service academies
and that they do not leave school for a year to do a mission.

Try this, suppose instead of being in regular university the student was
at a service academy and therefore a member of the military -- which is
a choice.  And then asks for a leave to go on a mission.   Suppose he is
not a student but enlists at 17 or 18, serves until 19 and as he is
about to be shipped to Iraq  says I need a leave for a year.  I don't
think he gets it and I don't see how that would be a necessary
accommodation of religious practice.

I have never suggested people are "irrational" in their belief and I
find David's suggestion that I have to be way over the top. 

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 09/05/07 9:41 AM >>>
It does seem to me that one of the most compelling arguments in favor of
religious freedom is the recognition that religious belief is not simply
a matter of choice--like deciding whether or not to join a fraternity or
sorority.  As Calvin and Paul suggested, it is a product of grace.  That
does not mean that people of faith are irrational with respect to the
theology that grows out of that belief, it does mean that faith touches
something much deeper and more profound.
 
That said, I think the evangelical fervor displayed by the neo-atheists
(as E.J. Dionne so aptly labels them) demonstrates that this religious
connection can attach to a materialist ideology as well as a
transcendentalist one.  The mistake Harris and company make is in
thinking that their choices are purely rational and that everyone should
believe exactly as they do.  (Sounds like some religious fundamentalists
to me.)
 
In this sense, I think the issue does touch significantly on religion
and law.
 
David


From: RJLipkin at aol.comDate: Wed, 5 Sep 2007 08:58:10 -0400Subject: Re:
"Mormon Student, Justice, ACLU Join Up"To: religionlaw at lists.ucla.edu

        I'd welcome an on-list discussion of this matter, with Eugene's
permission of course.Bobby      Robert Justin LipkinProfessor of
LawWidener University School of LawDelawareRatio Juris, Contributor: 
http://ratiojuris.blogspot.com/Essentially Contested America,
Editor-In-Chief http://www.essentiallycontestedamerica.org/


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