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The "Licentiousness" in Religious Organizations and Why It Is Not Protected under Religious Liberty Constitutional Provisions

By: Hamilton, Marci A. | The William and Mary Bill of Rights Journal, May 2010 | Article details

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The "Licentiousness" in Religious Organizations and Why It Is Not Protected under Religious Liberty Constitutional Provisions


Hamilton, Marci A., The William and Mary Bill of Rights Journal


There is no doubt that the sexual abuse of children occurs within religious organizations and that these organizations too often operate to perpetuate cycles of abuse. There was a time when such a statement was counter- intuitive, but it is now merely a statement of fact. One difficult question to answer is how the law has failed to protect the vulnerable in religious organizations. Misguided reliance on the First Amendment is partly to blame.

There are many reasons why the law has been insufficient to protect children in religious organizations, some more obvious than others. First, children have not had the legal capacity until relatively recently to challenge their abusers.1 …

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