July 4, 2010
Kagan on religious freedom
I hope everyone had a great Independence Day. Might I recommend the fireworks in Santa Barbara?
Now back in front of my computer, I’m catching up on the Elena Kagan hearings and some other interesting religion news I missed at the end of last week. Specifically, the Religion Clause blog picked up on what Kagan had to say about the First Amendment protections of religion and association.
In other words: you should be neither burdened nor benefited because of your personal beliefs. Fair enough. But there is often a very fine line between benefited and burdened—and Kagan gave no hint as to how the Court should hit that moving target.
The Religion Clause also provides this link to the unofficial transcript.