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Academic

: Legal Theory Blog

Hamilton on the First Amendment & Sexual Abuse of Children within Religious Organization

By Lawrence Solum

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Marci A. Hamilton (Cardozo Law School) has posted The 'Licentiousness' in Religious Organizations and Why it is Not Protected Under Religious Liberty Constitutional Provisions (William & Mary Bill of Rights, Vol. 18, No. 953, 2010) on SSRN. Here is the abstract:
    There is no doubt that the sexual abuse of children occurs within religious organizations and that these organizations too often operate to perpetuate cycles of abuse. There was a time when such a statement was counter-intuitive, but it is now merely a statement of fact. One difficult question to answer is how the law has failed to protect the vulnerable in religious organizations. Misguided reliance on the First Amendment is partly to blame.

Full post as published by Legal Theory Blog on September 13, 2010 (boomark / email).

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