Monday, September 20, 2021

Free Exercise Hypo


Suppose a public school decides to have a "mandatory assembly" featuring a speaker on "safe sex" education.

The parents of Mary Margaret Mahoney, conservative Christians who believe that so-called "safe sex" practices involving condoms are sinful, not responsible (they tell their children that God wishes them to refrain from sex until marriage and to be faithful within that marriage, not to practice "safe sex" outside marriage), request that their daughter be excused from the assembly. The school denies the request.

Do the Mahoneys have a Free Exercise right to an excusal from the "mandatory" assembly? What is the law and what kinds of facts do you need to search for in discovery?

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