Dear colleagues, "Religious liberty" is, of course, a fundamental human right, and so it is not clear to me why it should be troubling or surprising that legal regimes would be embraced by human-rights advocates (like Marc, Doug, etc.) that respect that right by insisting, e.g., that majority-supported legislation (of any type) substantially burdening the exercise of that right be closely scrutinized.
Rick Garnett Sent from my iPhone On Aug 1, 2013, at 7:47 PM, "hamilto...@aol.com<mailto:hamilto...@aol.com>" <hamilto...@aol.com<mailto:hamilto...@aol.com>> wrote: With all due respect, Marc, RLPA was doomed by many forces, not just the civil rights community. The American Academy of Pediatrics, and many other leading organizations for the protection of children took a very strong stand. We lobbied Congress together as well (we didn't have "chairs"). The two sides were not in the same rooms at the same time, obviously. Your defense of Doug does not answer the factual questions I have posed. I have no idea what Doug has been saying to groups in private all these years, because, as I pointed out, those discussions have not been public, but rather behind closed doors among fellow lobbyists on that side. Where in the RFRA legislative history (which is the only one that can be taken into account on any issue other than land use or prisons), is there any mention of for-profit corporations obtaining its capacious rights? I also find it very surprising at the idea that the civil rights groups should be mollfied when told that their interests would be "compelling interests," given that the least restrictive means test was still in play, and, as urged by most litigants on that side, virtually insuperable. Marci Marci A. Hamilton Paul R. Verkuil Chair in Public Law Benjamin N. Cardozo School of Law Yeshiva University 55 Fifth Avenue New York, NY 10003 (212) 790-0215 http://sol-reform.com<http://sol-reform.com/> [http://sol-reform.com/fb.png]<https://www.facebook.com/professormarciahamilton?fref=ts>
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