And France clearly pushes a form of universalism as a national value in a way 
this country has not for some time.

On Apr 12, 2012, at 10:26 AM, Finkelman, Paul <paul.finkel...@albanylaw.edu> 
wrote:

> The french experience with intolerance is very different than ours and thu 
> leads to different outcomes and paths.  
> 
> Connected by DROID on Verizon Wireless
> 
> 
> -----Original message-----
> From: "Friedman, Howard M." <howard.fried...@utoledo.edu>
> To: Law & Religion issues for Law Academics <religionlaw@lists.ucla.edu>
> Sent: Thu, Apr 12, 2012 03:10:57 GMT+00:00
> Subject: RE: Court upholds prison no-pork policy against EstablishmentClause 
> challenge
> 
> It is interesting to compare reactions in Europe to similar situations. In 
> 2010, French politicians strongly criticized a restaurant chain that decided 
> to serve only halal meat in 8 of its restaurants with a large Muslim 
> clientele. Agriculture Minister Bruno Le Maire said: "When they remove all 
> the pork from a restaurant open to the public, I think they fall into 
> communalism, which is against the principles and the spirit of the French 
> republic."
> See: 
> http://religionclause.blogspot.com/2010/02/french-politicians-criticize-restaurant.html
> 
> In 2007 in Britain, a primary school in Kingsgate attempted to accommodate 
> religious needs of its growing Muslim student body by serving only Halal meat 
> in its lunch menus. A number of parents objected, arguing that the school was 
> forcing their children to to conform to "someone else's culture."
> See 
> http://religionclause.blogspot.com/2007/02/british-parents-protest-halal-menus-in.html
> 
> 
> Howard Friedman
> 
> -----Original Message-----
> From: religionlaw-boun...@lists.ucla.edu on behalf of Volokh, Eugene
> Sent: Wed 4/11/2012 7:46 PM
> To: Law & Religion issues for Law Academics
> Subject: RE: Court upholds prison no-pork policy against EstablishmentClause  
>   challenge
> 
>                 I agree entirely; I mention this partly because I 
> occasionally hear pork bans as examples of quintessential violations of the 
> Establishment Clause, though I don't think they would be.
> 
> To be sure, a general pork ban might have a different motivation than a 
> prison decision not to serve pork.  But at the same time even a general pork 
> ban could certainly be an attempt to accommodate a religious group by 
> minimizing the risk that its members will accidentally ingest pork (or that 
> its members might be put in a position where their employment would require 
> the handling or even sampling of pork).  And just as the state of California 
> is free to ban the sale of horsemeat for human consumption (as it did in 
> 1998), so it should be free to ban the sale of pork - not that I'd ever 
> endorse that as a policy matter!
> 
> Eugene
> 
> From: religionlaw-boun...@lists.ucla.edu 
> [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Ira Lupu
> Sent: Wednesday, April 11, 2012 4:32 PM
> To: Law & Religion issues for Law Academics
> Subject: Re: Court upholds prison no-pork policy against Establishment Clause 
> challenge
> 
> Is this outcome surprising in any way?  Does anyone on the list believe that 
> the court got this wrong? (I certainly don't).
> 
> If Congress overrode HHS and eliminated pregnancy prevention services from 
> mandatory coverage by employers under the Affordable Care Act, wouldn't the 
> analysis be just the same (imposition of a uniform policy to avoid religious 
> conflict, avoid any need to create controversial exceptions for religious 
> entities, avoid piece-meal litigation, and ease administration of the overall 
> scheme), even though the impetus for change derived from a demand by some for 
> religious accommodation?
> On Wed, Apr 11, 2012 at 6:48 PM, Volokh, Eugene 
> <vol...@law.ucla.edu<mailto:vol...@law.ucla.edu>> wrote:
> River v. Mohr (N.D. Ohio Apr. 5, 2012), 
> http://volokh.com/wp-content/uploads/2012/04/RiversvMohr.pdf .
> 
> Eugene
> 
> _______________________________________________
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> 
> 
> --
> Ira C. Lupu
> F. Elwood & Eleanor Davis Professor of Law
> George Washington University Law School
> 2000 H St., NW
> Washington, DC 20052
> (202)994-7053
> My SSRN papers are here:
> http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=181272#reg
> 
> _______________________________________________
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-- 
Prof. Steven D. Jamar                     vox:  202-806-8017
Associate Director, Institute for Intellectual Property and Social Justice 
http://iipsj.org
Howard University School of Law           fax:  202-806-8567
http://iipsj.com/SDJ/

"Our scientific power has outrun our spiritual power. We have guided missiles 
and misguided man."

- Martin Luther King Jr., "Strength to Love", 1963    





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