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June 23, 2016

"Religious Objections to the Death Penalty after Hobby Lobby"

The title of this post is the title of this intriguing piece authored by Danieli Evans now available via SSRN. Here is the abstract:

In this short essay, I consider how the logic of the complicity-based claims in Hobby Lobby and subsequent nonprofit cases could be applied to challenge the common policy of “death qualifying” jurors in capital punishment cases — removing any juror who reports conscientious opposition to the death penalty.  I argue that just like religious nonprofits that object to reporting a religious objection to contraceptives on the grounds that it enables someone else to provide contraceptives, a juror might object to reporting a religious objection to the death penalty on the grounds that it will enable someone else to replace them who is more likely to impose the death penalty.

June 23, 2016 at 09:27 AM | Permalink

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