Failing Honorably: Balancing Tests, Justice O'Connor and Free Exercise of Religion

January 1994

Failing Honorably: Balancing Tests, Justice O'Connor and Free Exercise of Religion
ITEM DETAILS
Type: Law review article
Author: Jennifer E. Spreng (student author)
Source: St. Louis U. L.J.
Citation: 38 St. Louis U. L.J. 837 (1994)

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Article Text

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COMMENT

FAILING HONORABLY: BALANCING TESTS, JUSTICE O'CONNOR AND FREE EXERCISE OF RELIGION

"Why aren't you angry with me?"

"Because I understand you-all sides I think-Harriet, Signor Carella, even my mother."

"You understand wonderfully. You are the only one of us who has a general view of the muddle So what are you going to do?" said Miss

Abbott.

Philip started, not so much at the words, but at the sudden change in her voice. "Do?" he echoed, rather dismayed.... "I dare say we may fail altogether, but we shall fail honourably "

''That's not doing anything!... To fail honourably! To come out of the thing as well as you can! Is that all you are after?"

"Why yes," he stammered.... "What else is there?"...

"I do expect you to settle what is right and to follow that. Do you want the child to stop with his father, who loves him and will bring him up badly, or do you want him to come to Sawston, where no one loves him, but where he will be brought up well? There is the question put dispassionately....

Settle it. Settle which side you'll fight on." 1

INTRODUCTION

THE Supreme Court crafted a broad rule in Employment Division v. Smith2 that the Free Exercise Clause3 of the First Amendment does not

  1. E. M. FORSTER, WHERE ANGELS FEAR TO TREAD 146-47 (First Vintage lnt'I Ed. 1992). 2. 494 U.S. 872 (1990).

Together with the Establishment Clause, the Free Exercise Clause states: "Congress shall make no law respecting an establishment of religion or prohibiting the free

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