1.Because no legislative body has the time to focus on all the peculiar circumstances in which an arguable accommodation claim surfaces. 2. Because referring everything to legislatures is a prescription for favored and politically connected groups getting accommodated and others being left unhelped.(Had this happened in NY,where the speaker of one house is an orthodox Jew it would eb failry easy to get a legislateive fix;not so in Nevada.And exactly which legsilature woud intervene to ehlp Wiccans?) And that is a constitutional problem in its own right, as Grumet suggests, or at least some Justices suggested in Grumet. Marc Stern
-----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: Wednesday, August 13, 2008 1:04 PM To: Law & Religion issues for Law Academics Subject: Re: Nevada district court applies Fraternal Order of Police v.Newark(3d Cir.), holds no-beard poli I think the policy debate on this case illustrates why the First Amendment and the courts have no business determining accommodation. The ease w which those outside of government can judge that govt policy is necessarily wanting because it may burden religious practice is impressive. But the more interesting question is why the courts are better at drawing these lines than the political process. Marci Sent from my Verizon Wireless BlackBerry -----Original Message----- From: "Christopher Lund" <[EMAIL PROTECTED]> Date: Wed, 13 Aug 2008 10:33:17 To: <religionlaw@lists.ucla.edu> Subject: Re: Nevada district court applies Fraternal Order of Police v. Newark (3d Cir.), holds no-beard poli _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.