Not a hypothetical question

Law students and legislators dread hypotheticals.

In the classroom, a professor will change the facts of the case and ask you if the court should reach the same result.

In Annapolis, committee members will think of not so likely situations that could sink your bill.

At the bill hearings on my religious accommodation legislation and at subsequent subcommittee work sessions, legislators have asked how various hypothetical requests for religious accommodation would be resolved if the bill were to become law.

Walking to my office this morning, I ran into Delegate Steve Lafferty, one of the co-sponsors of the bill. He told me about some of the hypotheticals his colleagues were discussing.

What if a resident belongs to a satanic cult and, as part of the devil worship, wanted to have a confined fire?

What if it is a practice of withcraft (and whatever goes along with that practice)?

I decided we needed a legal analysis of how the courts would handle these situations.

A recurring theme for my week.

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  • Lead Paint Poisoning