Doesn't it depend in some way on how much federal money it receives? Again, I am simply asking.
Marci A. Hamilton Verkuil Chair in Public Law Benjamin N. Cardozo Law School Yeshiva University @Marci_Hamilton > On Jan 6, 2014, at 3:15 PM, Rick Garnett <rgarn...@nd.edu> wrote: > > Notre Dame is allowed (I assume – again, I am just an employee and am not > involved in admissions or with the University Counsel’s work) to take > religion, and many other factors, into account when building its classes, > sure. Does anyone believe that Notre Dame should *not* be able to conduct > admissions so as to, for example, admit classes that are predominantly > Catholic? > > Best, > > Rick > > Richard W. Garnett > Professor of Law and Concurrent Professor of Political Science > Director, Program on Church, State & Society > Notre Dame Law School > P.O. Box 780 > Notre Dame, Indiana 46556-0780 > 574-631-6981 (w) > 574-276-2252 (cell) > rgarn...@nd.edu > > To download my scholarly papers, please visit my SSRN page > > Blogs: > > Prawfsblawg > Mirror of Justice > > Twitter: @RickGarnett > > From: religionlaw-boun...@lists.ucla.edu > [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marci Hamilton > Sent: Monday, January 06, 2014 3:08 PM > To: Law & Religion issues for Law Academics > Cc: Law & Religion issues for Law Academics > Subject: Re: The nonprofit contraception services cases > > This is strictly an informational question-- is Notre Dame allowed to > discriminate on the basis of religion in undergraduate admission? > > > > Marci A. Hamilton > Verkuil Chair in Public Law > Benjamin N. Cardozo Law School > Yeshiva University > @Marci_Hamilton > > > > On Jan 6, 2014, at 2:46 PM, Rick Garnett <rgarn...@nd.edu> wrote: > > Dear colleagues, > > I would recommend Prof. Kevin Walsh’s post (here: > http://mirrorofjustice.blogs.com/mirrorofjustice/2014/01/what-does-the-form-that-the-government-insists-the-little-sisters-of-the-poor-must-sign-actually-do.html) > on the issue with which Marty kicked off this thread a few days ago. > Kevin’s post is called “What does the form that the government insists the > Little Sisters of the Poor must sign actually do?” > > Of course, others have moved from the specific issues that Marty raised to > more general (and always important) conversations about RFRA’s > constitutionality and the moral desirability of Yoder, but I wanted to ask > just a few things with respect to Greg Lipper’s report that Americans United > for Separation of Church & State has filed a motion seeking to intervene in > the University of Notre Dame’s lawsuit challenging the mandate. (Although I > am blessed to teach at Notre Dame, I have no role in the University’s > lawsuit.) > https://www.au.org/media/press-releases/americans-united-seeks-to-intervene-in-notre-dame-lawsuit-challenging-womens > > I understand (though I do not agree with) the claim that, because Notre Dame > is a large employer in the area, its right to refuse to provide coverage for > contraceptives (in cases where a physician has not indicated that the > contraceptives are medically indicated) to employees who do not embrace the > Catholic Church’s teachings on sexual morality and abortion is limited. That > is, Notre Dame’s role and place in the market limits its right to say to > employees “this is who we are, and if you want to work for us, you should > expect that who we are will be relevant to the terms of our arrangement with > you.” > > With respect to students, though, it is harder for me to see why Notre Dame > should not be able to say to prospective students (as Notre Dame does), “This > is who we are. If you come here – and you are welcome to, but you don’t have > to – you should know that our character, mission, aspirations, and values > will shape the terms of our arrangement with you.” Is it the view of AU, or > of others, that the Establishment Clause (or anything else) prevents the > government from exempting a Catholic (or other mission-oriented) educational > institution from an otherwise general rule in order to allow the institution > to say (something like) this to students and the broader world – again, > assuming that students who get into Notre Dame (a) have plenty of options and > (b) know full well that Notre Dame aspires to a meaningfully Catholic > character? > > Best, > > Rick > > Richard W. Garnett > Professor of Law and Concurrent Professor of Political Science > Director, Program on Church, State & Society > Notre Dame Law School > P.O. Box 780 > Notre Dame, Indiana 46556-0780 > 574-631-6981 (w) > 574-276-2252 (cell) > rgarn...@nd.edu > > To download my scholarly papers, please visit my SSRN page > _______________________________________________ > 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.
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