Paternalism, Hostility, and Concern for the Slippery Slope: Factors in Judicial Decision-Making When Religion and Regulation Collide

Abstract

This paper will examine religious claims as they pertain to food and drug law issues, as exemplified by litigation surrounding 1) the Church of Scientology's use of an instrument known as the Hubbard Electrometer, and 2) sacramental drug use. After providing an overview of a number of religious claims, agency actions, and the litigation that ensued, I will identify three motivating factors that recur in and affect judicial decision-making, as well as evaluate their impact on the outcome of various cases. I will argue that court decisions with respect to government action against Scientology and sacramental drug use are motivated primarily by one or more of the following factors: paternalism; hostility; and/or fear of embarking upon a slippery slope.