Abstract

http://ssrn.com/abstract=1600923
 


 



Nineteenth‐Century Free Exercise Jurisprudence and the Challenge of Polygamy: The Relevance of Nineteenth‐Century Cases and Commentaries for Contemporary Debates About Free Exercise Exemptions


Clark B. Lombardi


University of Washington School of Law

May 5, 2010

Oregon Law Review, Vol. 85, No. 2, 2006

Abstract:     
Does the Free Exercise Clause of the U.S. Constitution require judges to exempt religious objectors from the application of nondiscriminatory and otherwise applicable laws? Over the last twenty years, judges and academics have debated fiercely whether the Clause should be interpreted to provide religiously observant citizens with a right to “free exercise exemptions.” The debate has led indirectly to a new interest in nineteenth-century views on free exercise jurisprudence. In this Article, I will examine the scholarship on nineteenth-century free exercise jurisprudence to date and ask what it adds to our understanding of the Clause and the question of exemptions.

Number of Pages in PDF File: 75

Keywords: Free Exercise Clause, Exemptions, Religious Objectors, Free Exercise Jurisprudence

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Date posted: May 6, 2010 ; Last revised: July 28, 2011

Suggested Citation

Lombardi, Clark B., Nineteenth‐Century Free Exercise Jurisprudence and the Challenge of Polygamy: The Relevance of Nineteenth‐Century Cases and Commentaries for Contemporary Debates About Free Exercise Exemptions (May 5, 2010). Oregon Law Review, Vol. 85, No. 2, 2006. Available at SSRN: http://ssrn.com/abstract=1600923

Contact Information

Clark B. Lombardi (Contact Author)
University of Washington School of Law ( email )
William H. Gates Hall
Box 353020
Seattle, WA 98105-3020
United States
(206) 543-4939 (Phone)
HOME PAGE: http://www.law.washington.edu/Faculty/Lombardi

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