The problem with the parallel to taxation is the nature of the funding.
When we pay taxes, it's a blank check that Congress can use for anything it
wishes. They can spend it on war or they can use it to feed squirrels in
the park. There are no specific directions provide with the payment of the
t
Jon-- I do not believe you can separate those realities. The law is just a
line drawn around conduct. RFRA and Yoder move that line. When the line is
moved, we must ask as a civilized society who is harmed. In the case of
Yoder, more
Children are harmed with the movement of that line. I
I have reservations about equating the decision in Yoder with the
endorsement of the specific practices that make Judy, Marci and others
uncomfortable. A short answer is the same as I would give for polygamy.
There are less restrictive means of dealing with the evils than
outlawing the legitim
That reality is compounded by the presence of sibling incest and the
community's choice to stand behind the boy and expel a girl who tells on the
boy.
Marci
Marci A. Hamilton
Verkuil Chair in Public Law
Benjamin N. Cardozo Law School
Yeshiva University
@Marci_Hamilton
> On Jan 5, 2014, a
Marci, I share your discomfort with Yoder.
Martha Nussbaum wrote that the impact of Yoder was worse for Amish girls than
for Amish boys, because the boys learned marketable skills and the girls did
not. So it was harder for girls to leave the community.
Judy Baer
Sent from my iPhone
> On Jan
I'm not planning on getting involved in this broader debate over RFRA, but I
should add to Marci's point 2 below (about formal legal action by women) that
in the Notre Dame case, Americans United has moved to intervene on behalf of
three ND students who will lose contraception coverage if the un
I am sure it as been said before, but I cannot help stressing that
nothing I know of in the ACA forces anyone to use contraceptives or to
undergo an abortion. The religious freedom to make those decisions is
fully preserved. As with having to pay taxes to support war, I do not
consideration c
Michael-- My answers are interlineated below
>
> 1. Congress never debated the contraception mandate as part of Obamacare.
> Thus the religious right never lost in Congress,
I do not think this meets my point. The paid lobbyists for many religious
groups watched this statute closely and l
Marci,
1. Congress never debated the contraception mandate as part of Obamacare.
Thus the religious right never lost in Congress,
2. Are there any reports of any women objecting formally? I understand
they are the group that you claim are harmed, but surely they could sue and
properly bring this
Well-said! The irony w RFRA is that it is a majoritarian statute parading as a
minority rights statute. In the US, religious lobbyists are some of our most
powerful. Their political purse, will,and power is extraordinary. RFRA
plays to their worst instincts by giving them a second, large
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