Many philosophers and jurists believe that individuals should sometimes be granted religiously-grounded exemptions from laws or rules. To determine whether an exemption is merited in a particular case, the religious claim must be weighed against the countervailing values that favour the uniform application of the law or rule. This article develops and applies a framework for assessing the weight of religious claims to exemption, across two dimensions. First, the importance of the burdened religious practice, which is determined by its level of obligatoriness and centrality, according to the beliefs of the individual claimant. Second, the extent of the burden on the practice, which depends on the cost the individual bears if she both underta...
Because federal and state constitutions forbid government from infringing upon religious liberty or ...
In this chapter, I discuss the question of religious exemption as an inescapable implication of reli...
The experience of the past fifty years, culminating in Burwell v. Hobby Lobby Stores, Inc., is groun...
Exemptions from laws of general application for members of religious groups are controversial. One r...
Religious beliefs are often singled out for special treatment in secular liberal societies. Yet if a...
Do exemptions from ordinary legal requirements for religious individuals and groups contravene the r...
The article focuses on a crucial segment of a discussion regarding the legitimacy of conscientious e...
In order to win a claim under the Religious Freedom Restoration Act (or “RFRA”), you have to show th...
In what follows, I focus on when exemptions from legal duties are called for and whether religion sh...
This Article proposes a new theory of religious liberty in the United States: it hypothesizes that a...
In the wake of Burwell v. Hobby Lobby and now in anticipation of Craig v. Masterpiece Cakeshop, Inc....
This Article proposes a new theory of religious liberty in the United States: it hypothesizes that a...
This article argues that there are key issues comprising theoretical and institutional matters arisi...
In this Article, I propose an approach for deciding the limits that the First Amendment’s Establishm...
In Employment Division v. Smith, the Supreme Court famously held that the First Amendment Free Exerc...
Because federal and state constitutions forbid government from infringing upon religious liberty or ...
In this chapter, I discuss the question of religious exemption as an inescapable implication of reli...
The experience of the past fifty years, culminating in Burwell v. Hobby Lobby Stores, Inc., is groun...
Exemptions from laws of general application for members of religious groups are controversial. One r...
Religious beliefs are often singled out for special treatment in secular liberal societies. Yet if a...
Do exemptions from ordinary legal requirements for religious individuals and groups contravene the r...
The article focuses on a crucial segment of a discussion regarding the legitimacy of conscientious e...
In order to win a claim under the Religious Freedom Restoration Act (or “RFRA”), you have to show th...
In what follows, I focus on when exemptions from legal duties are called for and whether religion sh...
This Article proposes a new theory of religious liberty in the United States: it hypothesizes that a...
In the wake of Burwell v. Hobby Lobby and now in anticipation of Craig v. Masterpiece Cakeshop, Inc....
This Article proposes a new theory of religious liberty in the United States: it hypothesizes that a...
This article argues that there are key issues comprising theoretical and institutional matters arisi...
In this Article, I propose an approach for deciding the limits that the First Amendment’s Establishm...
In Employment Division v. Smith, the Supreme Court famously held that the First Amendment Free Exerc...
Because federal and state constitutions forbid government from infringing upon religious liberty or ...
In this chapter, I discuss the question of religious exemption as an inescapable implication of reli...
The experience of the past fifty years, culminating in Burwell v. Hobby Lobby Stores, Inc., is groun...