The Changing State of Church and State (with Noah Feldman)
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The Politics of Religious Exemptions
Supreme Court has been trying to figure out what test to apply in religious exemptions, he says. In the olden days before the Smith case that you mentioned, it applied the principle that I mentioned earlier: The government had to have a compelling reason for an exemption. But then Justice Scalia changed the norms and said, actually, the government doesn't have to go to such an extent to prove it. As long as the law is neutral, not targeting religion, and it's generally applicable, applies to everybody, then you don't get an exemption end of game,.
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