An extremely basuc question: who exactly will be appealing? Surely not the Attorney General or, seemingly, the defendant governor. And, even more surely, not the plaintiffs. I apologize for asking such a dumb question, but inquiring minds want to know....
Sandy ________________________________ From: religionlaw-boun...@lists.ucla.edu <religionlaw-boun...@lists.ucla.edu> To: religionlaw@lists.ucla.edu <religionlaw@lists.ucla.edu> Sent: Mon Aug 09 10:58:12 2010 Subject: Re: Perry v. Schwarzenegger - Effect of Religious Beliefs Of course, the courts had no problem with this type of discrimination when it outlawed polygamy and took the assets of the Mormon church. :-) On 8/9/2010 8:12 AM, Steve Sanders wrote: Well, it was a finding of fact (suppored by evidence) in this particular case, not a legal holding. Moreover, the context is the plaintiffs' arguments that Prop 8 was inappropriately enacted in part on the basis of religious beliefs; not that religious beliefs were part of the debate, which is of course acceptable, but rather that Prop 8 effectively enacts religious doctrine in order to abridge 14th Amendment rights. No one familiar with Prop 8 -- least of all its proponents -- thought it was merely about some sort of secularly motivated discrimination. So I don't see that the judge could or should have simply avoided the question. Even if such a finding of fact were problematic for free exercise, as Will suggests, the enactment of religiously motivated discrimination seems to me more problematic from the standpoint of establishment. -- Lisa A. Runquist Runquist & Associates Attorneys at Law 17554 Community Street Northridge, CA 91325 (818)609-7761 (818)609-7794 (fax) l...@runquist.com<mailto:l...@runquist.com> http://www.runquist.com ******************************************** IRS Circular 230 Notice To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication is not intended or written to be used, and cannot be used by any taxpayer, for the purpose of avoiding U.S. tax penalties.
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