Rationalizing religious exemptions: a legislative process theory of statutory exemptions for religion Robinson, Zoe 2011, Rationalizing religious exemptions: a legislative process theory of statutory exemptions for religion, William and Mary Bill of Rights Journal, vol. 20, pp. 133-177. Attached Files Name Description MIMEType Size Downloads Title Rationalizing religious exemptions: a legislative process theory of statutory exemptions for religion Author(s) Robinson, Zoe Journal name William and Mary Bill of Rights Journal Volume number 20 Article ID 5 Start page 133 End page 177 Total pages 46 Publisher College of William and Mary Place of publication United States Publication date 2011 ISSN 1065-8254 Keyword(s) law law and religion legislation Congress religion public choice rational choice legislative behavior first amendment Smith religious liberty religious accommodation Summary This Article proposes a new theory of religious liberty in the United States: it hypothesizes that a person's religious freedom is dependent on their political power. Following the Supreme Court's 1990 decision of Employment Division v. Smith, the legislattire has sole control over the enactment of accommodations and exemptions from laws of general application for religious adherents. This Article argues that post-Smith accounts of religious liberty and pluralism fail to systematically analyze the relationship between religious liberty and legislative exemptions. To this end, the Article proposes a unique public choice model that hypothesizes that legislative accommodations and exemptions may result from a complex process in which legislators weigh the gains derived from the prospective exemption or accommodation—in terms ofconstittaent voting support—against the costs bome. By modeling legislative accommodations as the result of benefit-maximizing behavior, this Article proposes a significant paradigm shift that posttilates a new, and unasked, question: whether the legislature is overly responsive to majoritarian interests at the expense of minority religious liberty. Language eng Field of Research 1801 Law HERDC Research category C1.1 Refereed article in a scholarly journal ERA Research output type C Journal article Copyright notice ©2011, College of William and Mary Persistent URL http://hdl.handle.net/10536/DRO/DU:30093998 Document type: Journal Article Collections: Law 2018 ERA Submission Related Links Link Description Publisher URL Go to link with your DU access privileges     Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved. Versions Version Filter Type Mon, 10 Apr 2017, 15:37:00 EST Tue, 11 Apr 2017, 05:00:54 EST Tue, 11 Apr 2017, 08:16:01 EST Fri, 28 Apr 2017, 06:05:30 EST Tue, 04 Jul 2017, 15:57:36 EST Tue, 04 Jul 2017, 15:59:56 EST Thu, 06 Jul 2017, 12:40:50 EST Fri, 02 Feb 2018, 09:01:13 EST Fri, 02 Feb 2018, 09:07:13 EST Fri, 18 May 2018, 14:23:42 EST Wed, 13 Jun 2018, 15:27:49 EST Filtered Full Citation counts:   Cited 0 times in TR Web of Science Cited 0 times in Scopus Search Google Scholar Access Statistics: 24 Abstract Views, 11 File Downloads  -  Detailed Statistics Created: Mon, 10 Apr 2017, 15:37:00 EST

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