A Secular Test for a Secular Statute
10 Pages Posted: 17 Jun 2016 Last revised: 22 Jun 2016
Date Written: June 15, 2016
Abstract
This short essay argues that a secular test is available to determine what constitutes a “substantial burden” on religious exercise under the Religious Freedom Restoration Act. It takes issue with the Court’s approach that is more deferential to the claimant, and with approaches offered by Professors Sepinwall and Helfand. It resists Sepinwall’s argument that proximity in law tracks a subjective sense of complicity, and it takes issue with Helfand’s argument that examining the substantiality of burden would implicate the religious question doctrine.
Suggested Citation: Suggested Citation
Greene, Abner S., A Secular Test for a Secular Statute (June 15, 2016). 2016 U. Ill. L. Rev. Online 34, Fordham Law Legal Studies Research Paper No. 2796189, Available at SSRN: https://ssrn.com/abstract=2796189
Feedback
Feedback to SSRN
If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday.