State v. Fischer, 2008 WL 2971520 (Ariz. App.), upholds a
statutory rape conviction of Kelly Fischer, a member of the
Fundamentalist Church of Jesus Christ of Latter-Day Saints. Fischer was
married, and then took a second wife, Lujean, though of course she was
not recognized as a wife
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From: Volokh, Eugene [EMAIL PROTECTED]
Date: Wed, 6 Aug 2008 16:11:47
To: Law Religion issues for Law Academicsreligionlaw@lists.ucla.edu
Subject: Religious exemptions and sex with 16-year-old
State v. Fischer, 2008 WL 2971520 (Ariz. App.), upholds a
statutory rape conviction of Kelly
In a message dated 8/6/08 9:11:28 PM, [EMAIL PROTECTED] writes:
I would assume that rfra does not undermine neutral, generally applicable
felonies.
Didn't it do precisely that in the O Centro case?
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In a message dated 8/6/2008 9:35:22 P.M. Eastern Daylight Time,
[EMAIL PROTECTED] writes:
Didn't it do precisely that in the O Centro case?
Fair point, but I think not dispositive. O Centro came out as it did only
because of the specious comparison between peyote and hoasca -- the
In a message dated 8/6/08 9:44:58 PM, [EMAIL PROTECTED] writes:
I do not believe there is a precedent that is analogous involving underage
sex and/or polygamy.
I assume there's not a case on point, but what does that matter when there's
a statute on point?
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I suppose this case would force the court to either reverse Reynolds or
conclude that RFRA does not apply to statutes that are not directly prohibiting
religious conduct; Fischer would presumably have to argue that this faith
required him to marry a third wife and that he must marry her before
