Zalman Rothschild (Cardozo School of Law) will talk about the U.S. Constitution and its intersections with religion. His research focuses on the First Amendment, anti-discrimination law, and law and religion. He will be discussing a pre-circulated paper (available to registered participants). We request that you do not circulate the paper beyond the bounds of this workshop. This article argues that—although it has mostly gone unnoticed—the Supreme Court just over fifty years ago, in Wisconsin v. Yoder, recognized what might be called a right to exit religion. In this decision, the Court expressed both appreciation for preserving insular religious communities and a rule that accommodations must not come at the cost of limiting community members’ ability to eventually exit if they should wish to. To make this “right” more concrete, the Article spotlights several examples of impediments to it, using one large insular religious community—the Hasidic community in New York—as a case study to demonstrate how the ability to exit can be, and in some instances is, illusory. It lays out not only how internal communal practices can hamper members’ ability to exit, but also how the state and courts sometimes contribute to its curtailment.
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