Re: Mormon Student, Justice, ACLU Join Up

2007-08-31 Thread Susan Freiman
I'm having trouble understanding how choice is helpful. Ultimately, one chooses to believe in god or not. Susan Brownstein, Alan wrote: Part, but certainly not all, of the response to Marty’s thoughtful comment has to do with the way we define obligation and choice. Sometimes religiously

Re: Mormon Student, Justice, ACLU Join Up

2007-08-31 Thread Susan Freiman
Volokh, Eugene wrote: Hmm -- why is this so? First, I've seen very few cases in which a judge finds a religious claimant to be insincere. My sense is that judges tend to try to avoid doing this, partly because reading people's minds on such issues seems even more unreliable,

Re: Mormon Student, Justice, ACLU Join Up

2007-08-31 Thread RJLipkin
In a message dated 8/30/2007 4:13:54 P.M. Eastern Daylight Time, [EMAIL PROTECTED] writes: the mission must be completed before the individual is 26 Just out of curiosity, how would this apply to converts older than 26? Bobby Robert Justin Lipkin Professor of Law Widener

RE: Mormon Student, Justice, ACLU Join Up

2007-08-31 Thread Corcos, Christine
No idea. Maybe they can serve at any point. If I get a chance, I'll ask him. From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: Friday, August 31, 2007 5:46 AM To: religionlaw@lists.ucla.edu Subject: Re: Mormon Student,

Re: Mormon Student, Justice, ACLU Join Up

2007-08-31 Thread Christopher Lund
I think this argument proves too much. This sort of triangulation can be used to attack all religious exemption claims. Take the strongest claim for exemption you can imagine * say the claim for peyote in Smith. You can always posit a weak religious claim for the exact same thing * say a

RE: Mormon Student, Justice, ACLU Join Up

2007-08-31 Thread Douglas Laycock
Judges are reluctant to decide sincerity, but they are not reluctant to get rid of marginal claims. He may say the belief is not sincere. More likely, he may say the belief is not religious. He may find that a fairly weak interest is compelling. He may dismiss the claim on some procedural or

Re: Mormon Student, Justice, ACLU Join Up

2007-08-31 Thread Paul Finkelman
Isn't it possible to argue that government service (the military) and community service are fundamentally different then just wanting to go off and spread your faith? You might argue that selling the faith is no different than selling any other product and the university can say we do not allow