Substantial Burdens Imply Central Beliefs

St. John's School of Law Legal Studies Research Paper Series, 16-0014

9 Pages Posted: 10 Jun 2016  

Marc O. DeGirolami

St. John's University - School of Law

Date Written: June 7, 2016

Abstract

This short piece reflects on the substantial burden inquiry in the law of religious accommodation. All legal regimes that are open to religious accommodation will want to know something about the nature of the burden on religion that the law imposes. This essay contends that to speak of a substantial burden on religious exercise is in effect to conceive of religion as a system — a group of interlocking beliefs and practices that together is greater than the sum of its parts. Some features of the system will be core features, while some will be peripheral. There is no getting around it: substantial burdens imply central beliefs.

Suggested Citation

DeGirolami, Marc O., Substantial Burdens Imply Central Beliefs (June 7, 2016). St. John's School of Law Legal Studies Research Paper Series, 16-0014. Available at SSRN: https://ssrn.com/abstract=2791527

Marc O. DeGirolami (Contact Author)

St. John's University - School of Law ( email )

8000 Utopia Parkway
Jamaica, NY 11439
United States

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