I think there has been very, very little change on the "left" in terms of views on the funding and regulation *of houses of worship *(except that, perhaps, there's no longer any understanding of/sympathy for the "no funding" rule). Far as I know, there aren't a lot of folks on the "left" who oppose *Amos*, or even *Hosanna-Tabor *as applied to actual ministers.
On Wed, Apr 26, 2017 at 7:22 PM, Ira Lupu <icl...@law.gwu.edu> wrote: > So is it correct to conclude that the struggle over LGBT rights explains > 100% of any change in public attitudes -- left and right-- about funding > and regulation of houses of worship? If not, what else explains the change? > The end of the fight between Protestants and Catholics about public funding > of religious schools? > On Wed, Apr 26, 2017 at 6:24 PM Laycock, H Douglas (hdl5c) < > hd...@virginia.edu> wrote: > >> I think people are aware that funding may bring more regulation. Judges >> tend to defer to government conditions attached to money, even though some >> of those conditions raise serious questions of unconstitutional conditions. >> >> >> >> The fear has lost much of its force in part because of *Smith* and the >> underenforcement or nonenforcement of state RFRAs. If these institutions >> are going to be regulated anyway, they have less to lose by taking the >> money. And if you look at the history of evangelical schools, where many of >> these claims are coming from, first they fought out the regulatory issues, >> in mostly unsuccessful litigation and in state legislatures and before >> state boards of education. Only after most of those issues were resolved >> one way or the other did they begin to push for equal access to government >> money. >> >> >> >> I’m less certain about this second point, but I think that many of them >> feel that the risk of extra conditions attached to money is smaller than >> the risk of fighting a culture war where the other side is government >> funded. >> >> >> >> >> >> >> >> Douglas Laycock >> >> Robert E. Scott Distinguished Professor of Law >> >> University of Virginia Law School >> >> 580 Massie Road >> >> Charlottesville, VA 22903 >> >> 434-243-8546 <(434)%20243-8546> >> >> >> >> *From:* religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-bounces@ >> lists.ucla.edu] *On Behalf Of *Eric J Segall >> >> >> *Sent:* Wednesday, April 26, 2017 5:17 PM >> *To:* Law & Religion issues for Law Academics <religionlaw@lists.ucla.edu >> > >> *Subject:* Re: Trinity Lutheran and the ERISA cases - Do Churches Want >> Special Treatment or Not? >> >> >> >> When I worked for DOJ in the late 80's and litigated a major Chapter (now >> I think Title) 2 funding case in San Francisco, the main plaintiff's lawyer >> was a devout 7th Day Adventist who strongly feared government grants to >> religious schools would ultimately dissipate religious freedom. Many >> religious folks at the time held this view. I agree with Marty and Chris >> that this view seems to have largely disappeared. >> >> >> >> Best, >> >> >> >> Eric >> >> Sent from my iPhone >> >> >> >> _______________________________________________ >> 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. > > -- > Sent from Gmail Mobile > F. Elwood & Eleanor Davis Professor of Law > George Washington University > > _______________________________________________ > 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. > -- Marty Lederman Georgetown University Law Center 600 New Jersey Avenue, NW Washington, DC 20001 202-662-9937
_______________________________________________ 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.
