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Sunday, August 08, 2004

I was involved in a politcal discussion last night about the possibility/desireability of creating incentives for families to have less children. I said I thought there would be first amendment ramifications since such incentives would infringe the practice of any religion that didn't believe in birth control or whatnot. But I was thinking about it this morning, and now I'm not so sure that such incentives would violate the first amendment.

Now, I haven't completely thought this out, and I'm certainly not doing any freaking research today, so bear with the fuzzyness of my "analysis." The current line of first amendment cases suggest that a neutrally applicable law that incidently infringes on religious practice does not violate the first amendment. I think the incentives would be seen as such.

Of course, while I'm writing this it occurs that this hypothetical law would probably be scrutinized as affecting privacy interests, so it would be equally doomed. And beyond that, if the incentives were at all effective, it may lead to more abandoned children (especially since safe abortions are so hard to come by in many parts of the country, and for poor folks wherever they live). I dunno. Just some thoughts swirling around m'head today.
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