RFRA and use of compulsory student fees for abortion services
Volokh, Eugene
VOLOKH at law.ucla.edu
Tue Apr 29 15:30:36 PDT 2008
A state university uses compulsory student fees for various
purposes, including funding student insurance that pays for abortions.
Assume a state RFRA applies, and some students claim that this violates
the state RFRA, because their religion bars them from helping -- even so
indirectly -- with what they see as murder. Are they entitled to an
exemption?
I was reminded of this question when I read Goehring v. Brophy,
94 F.3d 1294 (9th Cir. 1996),
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&case=/data
2/circs/9th/9416453.html&friend=nytimes, which said there was no
substantial burden here, and in any event the law passed strict scrutiny
-- but I found both prongs of the analysis unpersuasive. What do other
list members think of this?
Eugene
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