RE: Religious exemptions and preferences for the religious overthe nonreligious

2010-03-02 Thread Marc Stern
Doug's position was enunciated by courts grappling under sherbet with claims for sacred marijuana use marc From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Douglas Laycock Sent: Tuesday, March 02, 2010 4:30 PM To:

RE: Religious exemptions and preferences for the religious over thenonreligious

2010-03-02 Thread Volokh, Eugene
Howard Friedman writes: Except for its greater attractiveness, why is this different than prisons granting special religious diets-which many routinely do?  Or does the greater pressure to feign (or adopt) a particular religious belief because of the attractiveness of the option make a

RE: Religious exemptions and preferences for the religious over the nonreligious

2010-03-02 Thread Brownstein, Alan
I would only add two caveats to Doug's point. First, in some cases (although not this one), it may be possible for the religious liberty claimant to give up what I call the surplus secular benefit he receives when a religious liberty accommodation that coincides with self interest is granted.

RE: Religious exemptions and preferences for the religious over the nonreligious

2010-03-02 Thread Douglas Laycock
Examples of Alan's first point are alternative service for conscientious objectors to military service, which appears in a Rhode Island statute of 1673 and in the 20th-century draft laws, and in the less attractive form of money payments in many 18th and 19th century draft laws, and the