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January 12, 2009


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" . . .[a] response to John Garvey’s statement that it is possible to imagine a society of skeptics having a guarantee of liberty similar to the one embodied in our Free Exercise Clause, but that this is far-fetched."

Not if we all bring a measure of civility and tolerance to each other and agree that religion is almost an off-limits topic that if not in the closet should be when not in church.

"Laycock’s project was to explain why a society of skeptics should have a Free Exercise Clause, and an Establishment Clause to boot. This is closely tied to his argument for the best interpretation of these clauses: The proper governmental role is to minimize incentives pushing people towards, or away from, religion."

Again, neutral and as a topic of governmental sponsored public discussion, off-limits.

There are strong common threads to the two views I don´t have time to develop here, but you can sense them.


From both points of view, the title here might as well have been, "Religious Liberty as Restraint."

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