Ok-- I am confused. Is Derek saying federal funds subsidiz Notre Dame's health
care system?
Marci A. Hamilton
Verkuil Chair in Public Law
Benjamin N. Cardozo Law School
Yeshiva University
@Marci_Hamilton
> On Jan 6, 2014, at 8:45 PM, "Gaubatz, Derek" wrote:
>
> It seems to me that there
It seems to me that there is a much less nefarious explanation. In the context
of those Establishment Clause challenges, it was permissible for a religious
entity like Notre Dame to receive the government funds so long as they were not
used for items deemed to be inherently religious activities
Oops . . . turns out that Notre Dame does prohibit its students from
engaging in sex outside of marriage:
The University embraces the Catholic Church’s teaching that a genuine and
complete expression of love through sex requires a commitment to a total
living and sharing together of two persons in
This reminds me of the religious organizations
who tell their employees in writing that they do not discriminate but when they
get sued for discrimination
argue the ministerial exception.
Religious employers appear to be no different from any other in seeking the
most beneficial position at
One further note, related to Marci’s question, and detailed in our intervention
papers: Notre Dame has emphasized the secular nature of its benefits when in
its legal interests to do so.
In Laskowski v. Spellings, 546 F.3d 822 (7th Cir. 2008), an Establishment
Clause challenge to public funding
Here’s Rick’s blog post on the Notre Dame case, though I can see why he might
have been embarrassed to share it here:
http://mirrorofjustice.blogs.com/mirrorofjustice/2014/01/americans-uniteds-attempted-intervention-in-notre-dames-hhs-case.html
On Jan 6, 2014, at 3:15 PM, Rick Garnett
mailto
Is the ND rule students can't use it --or can't get it under student insurance
--or can't get it from student health services? Or a combination?
It would also be interesting what their policy was before and after the ACA was
enacted.
Marci A. Hamilton
Verkuil Chair in Public Law
Benjamin N.
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 wrote:
>
> Notre Dame is allowed (I as
Sorry, I should have added that if ND prohibited only women, and not men,
from using contraception, that would violate the title IX prohibition on
sex discrimination. But a rule that all students must not indulge in
unmarried sex, or in unmarried sex with contraception, might be ok under
current f
And here's a post that (in part) responds to Kevin -- although my principal
point is the *Little Sisters* case is an unimportant sideshow, and that it
won't matter much what the Court does on the emergency motion, in
particular:
http://balkin.blogspot.com/2014/01/little-sisters-state-of-play.html
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 adm
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
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 a
I would argue that paying for health insurance coverage more closely
resembles paying wages and that employee compensation that includes
insurance creates a relationship between the insured and the insurance
provider. While that line admittedly is fuzzy, I honestly do not see
how it involves t
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