Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Repeal 16-17
"Do you believe that such a law would be a violation of the Free Exercise Clause?"

That's a good question. I think if you isolated a specific religious law - like Sharia - it probably would not survive judicial review. I would be confident such a law would be struck unanimously by the Court.

In fact, there's a case (on an Oklahoma statute, I believe) that is working it's way through the federal judiciary. That law has already ruled unconstitutional by the district court, and enjoined. The Circuit Court refused to stay that ruling. It's unlikely that law (it may have been an actual amendment to the state constitution) will survive.

I think it's possible that a more general law, prohibiting the application of any religious canon law in arbitration, has a better chance of surviving judicial review, but it would be far from certain that it would survive.

85 posted on 03/19/2011 1:52:15 PM PDT by OldDeckHand
[ Post Reply | Private Reply | To 84 | View Replies ]


To: OldDeckHand

Places in the US where contracts among Orthodox Jews use the Torah as the law would be very unhappy about abolishing the free exercise of their religion.


86 posted on 03/19/2011 2:37:57 PM PDT by Lucius Cornelius Sulla (Liberty and Union, Now and Forever, One and Inseparable -- Daniel Webster)
[ Post Reply | Private Reply | To 85 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson