Snowbowl decision

2009-06-12 Thread Ted Olsen
The Snowbowl decision (Navajo Nation v. Forest Service, denied cert. this week by scotus) appears significant for religion clause discussions and seems like it could be good fodder for a discussion in my magazine (Christianity Today). But the significance to Christianity is not immediately appare

RE: Snowbowl decision

2009-06-12 Thread Berg, Thomas C.
Ted, A group of religious liberty scholars (several of them on this list, including me) filed an amicus brief supporting the cert petition arguing that the standard the 9th Circuit used to dismiss this case (for lack of a substantial burden under RFRA) could have far-reaching effects, including

Re: Snowbowl decision

2009-06-12 Thread Steven Jamar
I think Prof. Berg hits it about right as far as the possible breadth of the decision, but, as is common, we don't really know what it means until the next case. For my part, I don't read the court language as very broad at all and I read the case as easily distinguishable from most cases

RE: Snowbowl decision

2009-06-12 Thread Brownstein, Alan
As someone who joined Tom and other law professors in filing the amicus brief supporting the cert. petition in this case, I agree with Tom that there may be religious liberty consequences for Christians as well as the members of other faiths if the 9th Circuit's RFRA standard is applied broadly

Re: Snowbowl decision

2009-06-12 Thread Steven Jamar
Can someone provide examples of how this affects Christians? What benefit would they be denied or sanction would they suffer based on beliefs or spiritual responses to something? The 9th Circuit test seems to me to have no implications for non-earth-based religions. But I assume this is really ju