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To: Alamo-Girl
The student is being indirectly compelled to violate his beliefs which is a burden upon religion and thus a substantial infringement on his free excercise rights.

Only if you believe that a letter of recommendation is an entitlement, sort of like a social promotion.

180 posted on 02/03/2003 11:42:40 AM PST by Doctor Stochastic (Every minute a man dies and one and one-sixteenth is born.)
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To: Doctor Stochastic
Thank you for your post!

Only if you believe that a letter of recommendation is an entitlement, sort of like a social promotion.

Again, I return to the Supreme Court decision in Thomas v. Review Board (emphasis mine):

A person may not be compelled to choose between the exercise of a First Amendment right and participation in an otherwise available public program. It is true that the Indiana law does not compel a violation of conscience, but where the state conditions receipt of an important benefit upon conduct proscribed by a religious faith, or where it denies such a benefit because of conduct mandated by religious belief, thereby putting substantial pressure on an adherent to modify his behavior and to violate his beliefs, a burden upon religion exists. While the compulsion may be indirect, the infringement upon free exercise is nonetheless substantial

The student may be denied medical school, which is probably publicly funded to some degree, for lack of a letter of recommendation which he can only receive from this professor by violating his beliefs.

To use the racial analogy again, a black kid decades ago could have gone to a black school or he could have found a professor that didn't hate blacks to get into a public school. But those facts did not in any way justify or excuse a professor for refusing him on the basis of his race.

Likewise, a professor cannot compel, even indirectly, a student to change his religious beliefs.

184 posted on 02/03/2003 11:57:25 AM PST by Alamo-Girl
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To: Doctor Stochastic
...and if you beleive the student's rather nebulous claim that his freedom of religion has been violated trumps Dini's robust claim that the first amendment allows him to express a forthright opinion of the student's suitability for medical school, or to decline to express such an opinion.
185 posted on 02/03/2003 12:00:19 PM PST by Right Wing Professor
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