22 ms·
New York only always exemptions for sincere religious beliefs, California allows exemptions for any beliefs. Before the obvious objection, there are plenty of
by bradleyjg 12y ago
New York only always exemptions for sincere religious beliefs, California allows exemptions for any beliefs.
Before the obvious objection, there are plenty of examples of people who try to create a special purpose religion to get around some or other rule, and only a few cases where it has actually worked.
Also as the top level poster alludes to the second circuit recently ruled that the religious exemption is not constitutionally required. Phillips v City of New York (http://caselaw.findlaw.com/us-2nd-circuit/1688862.html http://caselaw.findlaw.com/us-2nd-circuit/1688862.html).
- symkat 12y agoThank you, this decision was a great read, and I now have a better understanding how the school and legal systems in New York will challenge religious exemption to a level California seemingly does not. I think I found the judicial vernacular of "lol, no": Plaintiffs finally seek succor in the Ninth Amendment. But, we have held, “[t]he Ninth Amendment is not an independent source of individual rights.” Because plaintiffs fail plausibly to allege a violation of any other constitutional right, their effort to recast their unsuccessful claims as a violation of the Ninth Amendment also fails.