Neutrality, Accommodation, and Conscience Clause Legislation
8 Alabama Civil Rights & Civil Liberties Law Review 197-238 (2017)
Posted: 26 Nov 2018
Date Written: 2017
Various states are considering or have enacted conscience clause legislation that is allegedly designed to protect religious liberty. Many of these statutes are constitutionally suspect in light of both establishment and equal protection guarantees, because of the way that they privilege certain religious beliefs and impose a burden solely on a politically unpopular group. While the religious accommodation jurisprudence does not always follow a clear path, these statutes simply cannot pass muster in light of the current jurisprudence.
Keywords: conscience, establishment, equal protection, same-sex marriage
JEL Classification: K10
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