Labeling religions "majoritarian" and "minority" is both bootstrapping and
inaccurate. There is no majority religion in the United States. For
your purposes, I would think the better classification would be politically
powerful and politically powerless.
Religions have been responsible fo
On Friday, April 8, 2005, at 11:14 AM, [EMAIL PROTECTED] wrote:
Labeling religions "majoritarian" and "minority" is both bootstrapping and inaccurate. There is no majority religion in the United States.
I guess, then, that Christianity does not constitute a religion. I assume what was meant
Thanks, Steve. That is a helpful elaboration. There is no
single Christian religion, but rather hundreds, if not thousands, of
denominations. It is a category without meaning especially in the
U.S., which was settled and founded by Christian denominations that held
radically different bel
I
don't know much about this and want to learn more. Are religious
institutions really able to use judicial or legislative exemptions to defend
themselves against crimes of physical or sexual abuse? It seemed to me
that virtually any harm to others was enough to get your judi
There's an important
distinction between claiming that there is no single Christian religion, on
the one hand, and that Christianity "is a category without meaning"
on the other. The distinction clearly arises, I think, by asking two
questions. First, to whom is the category meaning
I will be out of the office Friday, April 8 - Monday, April 11, and unable to
access email regularly while I am away.
If you need assistance prior to my return, please contact my colleague Jeff
Zack at [EMAIL PROTECTED] or (212) 891-6742.
Otherwise, I look forward to reading your email upon
So far as I know, there is no authority for a religion-based defense
to a claim of "sexual abuse."
The cases are split, however, as to whether there is a First Amendment
defense to a claim of "negligent hiring," "negligent retention," or
"negligent ordination," which claims seek to impose liabilty
There are too many to
name here, but faith-healing exemptions exist for both criminal and civil
liability in many states. An article published a few years ago
documented over 200 preventable deaths of children due to faith-healing.
Churches facing clergy abuse lawsuits (the Rom
>From some perspectives, the only meaningful difference among Judaism, Christianity, and Islam is when they stopped accepting new prophets-- Christianity with Jesus, Islam with Mohammed, Judaism (not stopped yet). All look to Moses, all claim a belief in one god, all started in the same part of th
Some of the cases do indeed ask the question whether a church is liable for
covering up pedophile behavior among its clergy (though that is only one part of
the sex abuse and churches category). Courts have rejected clergy
malpractice claims on the ground that courts have no business deter
Bobby-- You are right. That is what I meant, and while it is a
criticism that can be levelled at any term, it is an important criticism in the
current climate of the culture wars in the U.S. A lot of freight has been
riding on "Christian," as in this is a "Christian" country. The term i
As a matter of self-promotion (rather than observation or judgment)
that I hope may be helpful to others, I remind list members that Bob
Tuttle and I have recently published an article entitled "Sexual
Misconduct and Ecclesiastical Immunity," 2004 BYU L. Rev 1789
(part of a Symposium on Church
I think the more interesting cases are not the ones involving physical and sexual abuse about which I would hope there's some reasonable consensus against religious exemption. The more interesting cases are the ones where the rights are more evenly matched because they ask harder questions about wh
I wish that were true, among academics, among religious entities, and
lawmakers. But it is not. The default position for
accommodation and free exercise jurisprudence among most academics and religious
entities is one that focuses solely on the needs of the religious entities --
which, in
1. Collectively
evangelical Protestantism is the majority religion in the United States. My justification
for treating pan-Protestantism as a religion is set out in my Protestant Empire
piece, and I will not rehearse it here. The “power” test does
not advance the analysis, in my
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