Toward a fuller understanding of religious exercise: recognizing the identity-generative and expressive nature of religious devotion
Article Abstract:
Identity speech arguments raised in sexual orientation jurisprudence could shed light on the debate over free exercise of religion rights that have not been resolved by the Religious Freedom Restoration Act of 1993. Study of free exercise case law reveals that religious minorities are usually unsuccessful in asserting such claims because the courts do not adhere to the compelling government interest standard. The expressive component of assertions of sexual identity can find parallels in religious expression, and abridgement of religious freedoms should be characterized as abridgements of religious expression of identity.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1995
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On educating children: a parentalist manifesto
Article Abstract:
The US Supreme Court should recognize parental rights in the education of their children as superior to the state's right to instill children with majority values by adopting a free speech approach to educational choice jurisprudence. Parental rights should be superior because parents have stronger incentives than the state to ensure that children receive the best education possible. A First Amendment standard should be applied to uphold all parental choices that are not unreasonable and strike down state action that interferes with parental attempts to communicate their values to their children.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1996
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The equal protection clause, the free exercise clause and religion-based peremptory challenges
Article Abstract:
The equal protection and free exercise of religion clauses of the US Constitution apply to jury selection, and require that strict scrutiny be given to any peremptory challenges based on religious affiliation. The Supreme Court's decision in Batson v. Kentucky gave equal protection to race in jury selection, and the Court's decision in J.E.B. v. Alabama protected gender similarly. The same reasoning in these two cases should apply to religion.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1996
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