Religious Objections to the Death Penalty after Hobby Lobby

8 Pages Posted: 17 Jun 2016  

Danieli Evans

Yale Law School; Cultural Cognition Project at Yale Law School

Date Written: August 10, 2015

Abstract

In this short essay, I consider how the logic of the complicity-based claims in Hobby Lobby and subsequent nonprofit cases could be applied to challenge the common policy of “death qualifying” jurors in capital punishment cases — removing any juror who reports conscientious opposition to the death penalty. I argue that just like religious nonprofits that object to reporting a religious objection to contraceptives on the grounds that it enables someone else to provide contraceptives, a juror might object to reporting a religious objection to the death penalty on the grounds that it will enable someone else to replace them who is more likely to impose the death penalty.

Keywords: constitutional law, religious freedom, death penalty, eighth amendment, free exercise

Suggested Citation

Evans, Danieli, Religious Objections to the Death Penalty after Hobby Lobby (August 10, 2015). Stanford Law & Policy Review, Vol. 27, No. 1, 2015. Available at SSRN: https://ssrn.com/abstract=2796278

Danieli Evans (Contact Author)

Yale Law School

P.O. Box 208215
New Haven, CT 06520-8215
United States

Cultural Cognition Project at Yale Law School ( email )

127 Wall St
New Haven, CT 06520
United States

HOME PAGE: http://www.culturalcognition.net/danieli-evans-homepage/

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