Neutrality, Accommodation, and Conscience Clause Legislation

8 Alabama Civil Rights & Civil Liberties Law Review 197-238 (2017)

Posted: 26 Nov 2018

See all articles by Mark Strasser

Mark Strasser

Capital University - Law School

Date Written: 2017

Abstract

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

Suggested Citation

Strasser, Mark, Neutrality, Accommodation, and Conscience Clause Legislation (2017). 8 Alabama Civil Rights & Civil Liberties Law Review 197-238 (2017). Available at SSRN: https://ssrn.com/abstract=3271188

Mark Strasser (Contact Author)

Capital University - Law School ( email )

303 E. Broad St.
Columbus, OH 43215-3200
United States
614-236-6686 (Phone)
614-236-6956 (Fax)

Register to save articles to
your library

Register

Paper statistics

Abstract Views
55
PlumX Metrics