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Religion & Law

: Constitutionally Correct

Why no-discrimination-based-on-religion conditions for government benefits aren?t viewpoint-discriminatory

By Alliance Alert

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Eugene Volokh writing at The Volokh Conspiracy: "As I argued in my law review article on the freedom of expressive association and government subsidies, the test for content discrimination is whether a rule is justified with reference to the content of the speaker?s speech. A no-religious-discrimination condition is likely not justified by the content of the groups? speech. Rather, it?s justified by a judgment that discrimination against prospective group members based on their religions is less proper than discrimination based on their other ideologies."

Full post as published by Constitutionally Correct on December 11, 2009 (boomark / email).

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