Sunday, February 6, 2011

Transcript of Elder Dallin H. Oaks' Speech Given at Chapman University School of Law - LDS Newsroom

Elder Oaks doesn't appear to be a fan of Scalia's opinion in Employment Division v. Smith:

Transcript of Elder Dallin H. Oaks' Speech Given at Chapman University School of Law - LDS Newsroom: "Much of the controversy in recent years has focused on the extent to which state laws that are neutral and generally applicable can override the strong protections contained in the free exercise clause of the United States Constitution. As noted hereafter, in the 1990s the Supreme Court ruled that such state laws could prevail. Fortunately, in a stunning demonstration of the resilience of the guarantee of free exercise of religion, over half of the states have passed legislation or interpreted their state constitutions to preserve a higher standard for protecting religious freedom. Only a handful have followed the Supreme Court's approach that the federal free exercise protection must bow to state laws that are neutral as to religion.17"

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