A Secular Test for a Secular Statute

10 Pages Posted: 17 Jun 2016 Last revised: 22 Jun 2016

See all articles by Abner S. Greene

Abner S. Greene

Fordham University School of Law

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

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

Abner S. Greene (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

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