Protecting People from Their Own Religious Communities: Jane Doe in Church and State

Suppose that people seek confidentiality in what would otherwise be a public process—such as litigating or applying for a firearms license—because they are afraid that publicly identifying them will stigmatize them in their (or their families’) religious communities. Should the law allow them to pro...

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Bibliographic Details
Main Author: Volokh, Eugene (Author)
Format: Electronic Article
Language:English
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Published: Cambridge Univ. Press 2023
In: Journal of law and religion
Year: 2023, Volume: 38, Issue: 3, Pages: 354-375
Further subjects:B Pseudonymity
B Privacy
B public records
B civil procedure
B Anonymity
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Description
Summary:Suppose that people seek confidentiality in what would otherwise be a public process—such as litigating or applying for a firearms license—because they are afraid that publicly identifying them will stigmatize them in their (or their families’) religious communities. Should the law allow them to proceed anonymously to better protect their interests and to avoid discouraging their lawsuits or applications? Or would that unduly stigmatize the religious community by branding it as improperly censorious or judgmental—or interfere with religious community members’ ability to evaluate for themselves how their coreligionists are using the courts and other government processes?
ISSN:2163-3088
Contains:Enthalten in: Journal of law and religion
Persistent identifiers:DOI: 10.1017/jlr.2023.33