Full and Equal Rights of Conscience

33 Pages Posted: 6 Feb 2010

See all articles by Aviam Soifer

Aviam Soifer

University of Hawaii at Manoa - William S. Richardson School of Law

Date Written: June 1, 2000

Abstract

The core problem in the constitutional jurisprudence of law and religion may be that in the United States there is not now, nor has there ever been, a clear way to identify or to cabin the essential autonomy of religious life. It is uncommonly easy in the realm of religion, in fact, to identify exceptions and limitations. Thus there is a tendency to argue from extreme examples of one slippery slope or another. 100 Perhaps for this very reason, it would be wise to heed the nuances of historical context, rather than to seek a simply originalist key to unlock some purported Framers' intent.

Suggested Citation

Soifer, Aviam, Full and Equal Rights of Conscience (June 1, 2000). University of Hawaii Law Review, Vol. 22, No. 2, 2000. Available at SSRN: https://ssrn.com/abstract=1548650

Aviam Soifer (Contact Author)

University of Hawaii at Manoa - William S. Richardson School of Law ( email )

2515 Dole St.
Honolulu, HI 96822-2350
United States

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