preferring religion in accommodations

Marty Lederman lederman.marty at
Wed Mar 21 14:01:25 PDT 2012

Request for advice on what to assign my students.  The general topic for
the session in question is why the state can or should grant exemptions on
religious grounds but not on non-religious grounds held with the same
degree of conviction . . . etc.

There are plenty of good sources arguing that the state should or must
follow Welsh, and extend the exemption to "analogous" nonreligious
objections (with much play in the joints, of course, on how to identify
what's analogous) -- Doug's J. of Contemp. L. Issues piece; Sager &
Eisgruber; etc.

But what are the best accounts of why the state can and should prefer
religious claims?  Garvey in that same J. Contemp. L. Issues volume?
Something by Steve Smith, such as his 2005 Colorado piece?

Thanks in advance for any suggestions.
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