Re: Scalia and Religious Liberty

by Andrew C. McCarthy

I couldn’t agree more with Ramesh and would only add another big part of Justice Scalia’s reasoning: a different rule would put the courts in the position of having to weigh the value of religious beliefs and practices to the religious belief system in question. That is the only way they could judge whether religion was being unduly burdened by the government interest involved. We don’t want courts doing that.

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