This Essay inquires: How would the ECtHR decide Holt v. Hobbs, given the same evidence provided at the district court level and the reasoning of the court of appeals? Analyzing this case through the ECtHR’s lens will elucidate the implications of the proportionality test in American jurisprudence. To do so, Part I will compare the two jurisdictions. Part II will summarize Holt v. Hobbs. Part III will describe the ECtHR’s relevant recent free exercise jurisprudence. Part IV will discuss how, based on this analysis, the ECtHR could decide Holt v. Hobbs in light of its overarching principles. Finally, the conclusion will show how RLUIPA has aligned the Supreme Court’s statutory free exercise jurisprudence with the ECtHR’s and will detail some normative concerns that these analytical structures present.
Francesca M. Genova,
How Would the European Court of Human Rights Decide Holt v. Hobbs?,
Notre Dame L. Rev. Online
Available at: https://scholarship.law.nd.edu/ndlr_online/vol93/iss1/4