The error was mine, as Marty pointed out. I meant to say "(1) Following Locke v. Davey, is it *un*constitutional for the government to say that 'religious activity is specifically prohibited'? I assume yes, given Lamb's Chapel, Rosenberger, and Pinette, since this activity is speech as well as religious conduct. Or am I mistaken?" Just two letters, but oh, what a difference!
> -----Original Message----- > From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED] On Behalf Of > Newsom Michael > Sent: Tuesday, May 25, 2004 10:43 AM > To: Law & Religion issues for Law Academics > Subject: RE: Baptisms in rivers located in public parks? > > > Eugene, these may be the ramblings of an old law professor > fast approaching senility. But could you please say a bit > more about your point #1? I think that I agree with you > about Locke v. Davey, but I thought that the gist of the > other cases was that the prohibition you describe in #1 would > be problematic at best. (Herein of "discrimination" and > "neutrality.") > > I say that I *think* that I agree with you about Locke v. > Davey because I wonder just how far the case extends. There > is something about schooling and education more generally > that generate constitutional concerns that may or may not be > present when wading in the water, even if the water is in a > public park. > > > Two questions: > > (1) Following Locke v. Davey, is it constitutional for the > government to say that "religious activity is specifically > prohibited"? I assume yes, given Lamb's Chapel, Rosenberger, > and Pinette, since this activity is speech as well as > religious conduct. Or am I mistaken? > > (2) If Virginia had a state RFRA, would an evenhanded > restriction on going into the water be seen as a substantial > burden? (I assume that the rule would fail strict scrutiny, > if it had to be exposed to strict scrutiny, given that it > seems relatively unlikely that people would drown when > surrounded by dozens of people.) > > > _______________________________________________ > To post, send message to [EMAIL PROTECTED] > To subscribe, unsubscribe, change options, or get password, > see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > _______________________________________________ > To post, send message to [EMAIL PROTECTED] > To subscribe, unsubscribe, change options, or get password, > see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > _______________________________________________ To post, send message to [EMAIL PROTECTED] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
