RE: Free Exercise Clause and child support obligation

2006-08-14 Thread Volokh, Eugene
Dudley Sent: Monday, August 14, 2006 12:21 PM To: Law Religion issues for Law Academics Subject: Re: Free Exercise Clause and child support obligation On Aug 14, 2006, at 10:59 AM, Volokh, Eugene wrote: In re Didier, 2006 WL 2258571 (Wash. App.), raises an interesting question

Re: Free Exercise Clause and child support obligation

2006-08-14 Thread Jean Dudley
On Aug 14, 2006, at 12:30 PM, Volokh, Eugene wrote: Well, recall that under Thomas v. Review Board, you don't need an official belief of any well-established religious group -- a person's idiosyncratic religious belief, if held sincerely, would qualify. We thus can't simply say

RE: Free Exercise Clause and child support obligation

2006-08-14 Thread Volokh, Eugene
I'm afraid I can't do much to explain strict scrutiny on the list -- many tomes have been written on the subject; you might start with a good short book (say, the Nutshell) on the Religion Clauses. Nor is the matter quite one of conscience rather than religion; given Yoder, the Free

RE: Free Exercise Clause and child support obligation

2006-08-14 Thread Volokh, Eugene
I much sympathize with Ed's position, but let me probe that a little further. First, while there's obviously a compelling government interest in making sure that the children don't starve, that interest isn't implicated in all child support cases. In at least some, the mother would be

RE: Free Exercise Clause and child support obligation

2006-08-14 Thread Douglas Laycock
Title: Re: Free Exercise Clause and child support obligation Ed Brayton wrote: No one would even conceive of allowing a father to voluntarily decide to stop working toget out of paying child support. There are cases on this, and they go both ways. Some involve Dads who simply refuse

RE: Free Exercise Clause and child support obligation

2006-08-14 Thread Volokh, Eugene
Alan: I wonder if you could discuss a little further. Say that John and Mary are two California lawyers with three children; they make $200,000 each (not an unreasonable salary for a California lawyer). John experiences a revelation and decides to join a monastery and take a vow of

RE: Free Exercise Clause and child support obligation

2006-08-14 Thread Alan Brownstein
for Law Academics Subject: RE: Free Exercise Clause and child support obligation Alan: I wonder if you could discuss a little further. Say that John and Mary are two California lawyers with three children; they make $200,000 each (not an unreasonable salary for a California lawyer). John

RE: Free Exercise Clause and child support obligation

2006-08-14 Thread Volokh, Eugene
] [mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene Sent: Monday, August 14, 2006 1:40 PM To: Law Religion issues for Law Academics Subject: RE: Free Exercise Clause and child support obligation Alan: I wonder if you could discuss a little further. Say that John and Mary

RE: Free Exercise Clause and child support obligation

2006-08-14 Thread Alan Brownstein
Sent: Monday, August 14, 2006 2:40 PM To: Law Religion issues for Law Academics Subject: RE: Free Exercise Clause and child support obligation I think that under strict scrutiny, that's an eminently plausible result; and under a state RFRA it might even be the right result, because

Re: Free Exercise Clause and child support obligation

2006-08-14 Thread Jean Dudley
On Aug 14, 2006, at 1:28 PM, Alan Brownstein wrote: Jean makes an important point here when she states, I'm thinking that should a parent choose to take a vow of poverty, they should be required to perform community service in lieu of child support. Give back to the community that is