Why would we think any of the 3 separate concurrers are expressing views shared by others? At least from the oral argument, I would think they are on the fringe of thinking on these issues. Don't forget Kagan was a prime mover behind RFRA and RLUIPA in the Clinton Administration. I would not read her joining Alito as evidence of a middle ground. Rather, they may share a world view in this arena
Marci On Jan 11, 2012, at 3:03 PM, Steven Green <sgr...@willamette.edu> wrote: > The most interesting part of the decision is of course what the Court did not > decide: who decides who is a minister in less obvious situations. I don't > take Thomas' solo concurrence advocating near complete deference to church > officials as indicating he is the only justice who may vote that way; rather, > simply that reaching that issue was unnecessary to get a unanimous opinion. > In that Alito and Kagan are in "opposite camps" and they jointly offer a > functional approach may say something about those in the middle, but I find > their criteria too narrow to be a comprehensive statement. I think others > may lean toward Thomas. > > Steve > > -- > Steven K. Green, J.D., Ph.D. > Fred H. Paulus Professor of Law and Director > Center for Religion, Law and Democracy > Willamette University > 900 State St., S.E. > Salem, Oregon 97301 > 503-370-6732 > > > On Wed, Jan 11, 2012 at 11:33 AM, Rick Garnett <rgarn...@nd.edu> wrote: > Dear Marci, > > > > I guess not, but I think people usually think of “clergy” as ordained, or as > otherwise officially designated. I think the opinion constitutionalizes an > exception that covers a broader category of “ministers” (including, of > course, many lay teachers at parochial schools, who are not usually referred > to as “clergy.”). > > > > Best wishes, > > > > Rick > > > > Richard W. Garnett > > Professor of Law and Associate Dean > > Notre Dame Law School > > P.O. Box 780 > > Notre Dame, Indiana 46556-0780 > > > > 574-631-6981 (w) > > 574-276-2252 (cell) > > > > SSRN page > > > > Blogs: > > > > Prawfsblawg > > Mirror of Justice > > Law, Religion, and Ethics > > > > From: religionlaw-boun...@lists.ucla.edu > [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marci Hamilton > Sent: Wednesday, January 11, 2012 2:26 PM > To: Law & Religion issues for Law Academics > Subject: Re: Supreme Court sides with church on decision to fire employee on > religious grounds > > > > Rick-- I meant by clergy whatever the Court is saying is a "minister" > I did not intend "ordained" clergy. > > Do we still disagree? > > > > Marci > > > > > > On Jan 11, 2012, at 2:16 PM, Rick Garnett wrote: > > > > > Dear Marci, > > > > I think you are right about the second sentence, but I disagree with your > second. The opinion seems clearly to reach beyond “clergy.” > > > > Best wishes, > > > > Rick > > > > Richard W. Garnett > > Professor of Law and Associate Dean > > Notre Dame Law School > > P.O. Box 780 > > Notre Dame, Indiana 46556-0780 > > > > 574-631-6981 (w) > > 574-276-2252 (cell) > > > > SSRN page > > > > Blogs: > > > > Prawfsblawg > > Mirror of Justice > > Law, Religion, and Ethics > > > > From: religionlaw-boun...@lists.ucla.edu > [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marci Hamilton > Sent: Wednesday, January 11, 2012 12:34 PM > To: Law & Religion issues for Law Academics > Subject: Re: Supreme Court sides with church on decision to fire employee on > religious grounds > > > > The decision is much narrower than Joel's description. It does not cover all > employees of religious organizations--only clergy. And it only involves > claims involving discrimination against the religious organization, > > leaving open litigation from even clergy on contract and tort theories. > > > > Marci > > > > > > > > On Jan 11, 2012, at 12:26 PM, Joel wrote: > > > > > > > > The Supreme Court has sided unanimously with a church sued for firing an > employee on religious grounds, issuing an opinion on Wednesday that religious > employers can keep the government out of hiring and firing decisions. > > > > In the case of Hosanna-Tabor v. EEOC, Cheryl Perich, a "called" teacher, > argued that the Hosanna-Tabor Evangelical Lutheran Church and School of > Redford, Mich., had discriminated against her under the Americans With > Disabilities Act by refusing to reinstate her to her job after she took leave > for narcolepsy. > > > > > > http://www.foxnews.com/politics/2012/01/11/supreme-court-sides-with-church-on-decision-to-fire-employee-on-religious/ > > > > > > Joel L. Sogol > > Attorney at Law > > 811 21st Ave. > > Tuscaloosa, Alabama 35401 > > ph (205) 345-0966 > > fx (205) 345-0971 > > email: jlsa...@wwisp.com > > website: www.joelsogol.com > > Ben Franklin observed that truth wins a fair fight - which is why we have > evidence rules in U.S. courts. > > > > _______________________________________________ > 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. > > > > > _______________________________________________ > 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.
