Quality of life-whatever the phrase means- is an
interest of the highest order as a compelling interest must be?
-Original
Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]On
Behalf Of [EMAIL PROTECTED]
Sent: Friday, May 14, 2004 12:23
PM
To: [EMAIL PROTECTED]
Subject:
Some while ago on list there was discussion
of a district court decision finding that an employer had discriminated
against an employee in requiring a pledge that the employee understood to
acknowledge the morality of same sex relationships.Does anyone have a citation
either to the decision
The issue speech Alan explores is raised in a cases now pending before the
4th Circuit-Simpson v. Chesterfield County Board of Supervisors .The County
allows any Judeo-Christian minister to offer an invocation at board
meetings. The county denies that it is obligated to allow any one wishing to
off
I am pleased to stand corrected.
Marc Stern
- Original Message -
From: <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Monday, April 19, 2004 6:02 PM
Subject: Re: HAnsen v. Ann Arbor Public Schools 293 FSupp2d 780
> In a message dated 4/19/04 4:58:49 PM, [EMAIL PROTECTED] writes:
>
> >T
> Michael R. Masinter 3305 College Avenue
> Nova Southeastern University Fort Lauderdale, Fl. 33314
> Shepard Broad Law Center (954) 262-6151
> [EMAIL PROTECTED] Chair, ACLU of Florida Legal Panel
>
> On Mon, 19 Apr 2004, AJCONGRESS wrote:
>
> > I just stumbled across the abov
I just stumbled across the above captioned case.The Ann Arbor School
District sponsored a diversity week.It delegated to the Gay Straight
Alliance(GSA) club the responsiblity of conducting a panel on sexual
orientation as part of the offical school program.GSA decided on a panel in
which 6 ministe
This section is not taken too seriously in New York. I attend many Orthodox Jewish
weddings in New York and no one ever says in hac verba that they take each other as
husband and wife. Indeed, in Orthodox practice the husband only takes the wife, she
merely consenting.
Marc Stern
-Original
It is fairly common for older people top be married in a religious ceremony
but not seek official registration as married couple for purposes of
avoiding Medicaid taking property to pay for the care of the new spouse. IF
the state does not enforce it s laws in those cases, can it do so here?
Mar
rutiny is
triggered when the government decides that religious
reasons are insufficient.
Rick Duncan
--- AJCONGRESS <[EMAIL PROTECTED]> wrote:
> It is a matter of some controversy in the circuits
> if the sorts of
> exemptions you describe would create an
> individualized
girl who refused to curse God when
ordered to do so by her acting class professor).
Cheers, Rick Duncan
--- AJCONGRESS <[EMAIL PROTECTED]> wrote:
> See Leebart v.Harrington,327 F33d 134(2d Cir
> 2003);Altman V. Bedford CSD,
> 245 F3d 49(2d Cir. 2001);Skoros v. City of NY (EDNY
> 20
See Leebart
v.Harrington,327 F33d 134(2d Cir 2003);Altman V. Bedford CSD, 245 F3d 49(2d
Cir. 2001);Skoros v. City of NY (EDNY 2004);Brown v. Hot, Sexy and Safe, 68
F.3d 525(1st Cir 1995).To these should be added the long list of
cases rejecting parental objections to particular textbooks a
For a particularly badly reasoned equal access opinion in a case involving a
gay straight alliance club see Caudillo v. Lubbock ISD. It is not yet posted
on Westlaw or loislaw, but it is available on the Northern District of Texas
website.
Marc Stern
-Original Message-
From: [EMAIL PROTECT
1.The revelation that Kenny switched sides also explains the lengthy Souter
concurrence in Lee. IF the original majority opinion had been a Kennedy
opinion rooted in coercion (and its absence in that case) an opinion
retracing the Establishment Clause makes sense as a dissent. It makes less
sense a
And it makes Justice O'Connor look like a paragon of stability.
Marc Stern
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] Behalf Of Lupu
Sent: Thursday, March 04, 2004 11:55 AM
To: [EMAIL PROTECTED]; Law & Religion issues for Law Academics
Subject: Re: Blackmun Papers
-Original
Message-
From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]On Behalf Of [EMAIL PROTECTED]
Sent: Tuesday, March 02, 2004 8:49
AM
To: [EMAIL PROTECTED]
Subject: Re: Locke v. Davey and
expanded free exercise rights
I think
Alan has made an interesting point here. Th
Several postings have suggested that any accommodation
that imposes a burden on third parties is unconstitutional. Why should this be
so? A failure to accommodate burdens the rights of religious individuals or institutions.
Why should there be an inflexible rule that where there are unavoid
1,Congress was not clueless because the issue of impacts
on communities was discussed in hearings Besides, many members of Congress started
their political careers on zoning boards.
2.It is
not true that Congressâ only foray into land use law is RLUIPA. The Fair
Housing act makes substanti
One can find sources in Jewish law requiring the synagogue to be the tallest
building in town. One can, I have read, find similar requirements in canon
law-at least medieval canon law Sometimes ,this provision of canon ;law was
reflected in civil law provisions.
Marc Stern
-Original Message---
Defunct? Does Marci seriously think that the Supreme
Court would uphold a law that allowed the slaughter of animals for all but religious
reasons? What in Lukumi gives any credence to that idea? Or what after Lukumi
suggests otherwise?
Marc Stern
-Original
Message-
From:
[EMAIL
An equality basis for the religion clauses would make cases like Amos far
more problematic than they are under a liberty rationale.
Marc Stern
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] Behalf Of A.E. Brownstein
Sent: Thursday, February 26, 2004 1:13 PM
To: Law &
In this Ten Commandments case, a majority found a religious purpose in the
city's acceptance of a Ten Commandments plaque from the Order of Eagles. The
Court attributed the Eagles religious purpose to the city (there being no
extant evidence of the city's purpose).The dissenting judge objected to
Title: Message
The United
States district Court for the Eastern District of New York yesterday upheld against
Establishment Clause challenge school rules which permitted only secular /religious
symbols (Menorah, Christmas tree, crescent) but not purely religious ones. The
Plaintiffs appare
Title: using churches as polling places
There are a few cases, including one from the Second Circuit upholding
the practice, but in each the polling place was either in an auditorium or
absentee ballots were made available.
Marc SternOriginal Message-
From: [EMAIL PROTECTED]
[mai
I cannot vouch for the story, but someone I thought at the time was reliable
(a clerk?) tells me that Burger was so pedantic about not using the F word
in Cohens that Harlan-hardly a libertine- was so put off that he insisted on
using the F word spelled out simply to spite Burger. It is not the onl
Shoa is a biblical Hebrew word meaning Holocaust (or more literally a burnt offering).
Kippa is indeed Hebrew for yarmulke (a word of uncertain linguistic origin), What I
have read of the report so far is reminiscent of the 19th century Hebrew poet YL
Gordon-be a man in the street and a Jew in
For relevant case law, see,eg, Bishop v. Aronov,926 F2d 1066(11th Cir 1991) and Lynch
v. Indiana Staea,177 IND APP.176,378 NE2d 900(1978) and Edwards vs. U. of Penn, 156
F3d 488(3d Cir.1998).
Marc Stern
-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Behalf Of Levin
While there have not been challenges to the best of my knowledge to college
chaplainries, there have been challenges to police and hospital
chaplaincies. By and large, if the chaplaincies are fundamentally
non-sectarian and non -coercive they are upheld. However, in these cases
there is a plausible
The football and basketball teams are at the center of the chart and all
else flows from there'
Marc Stern
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] Behalf Of Newsom Michael
Sent: Tuesday, January 27, 2004 12:41 PM
To: Law & Religion issues for Law Academics
I have to check, but I believe the court ahs already upheld scarf
restrictions in the public schools (in Germany). It ahs also upheld an Irish
ban on religious advertisements on radio on the ground that such might
disturb the peace. And it upheld the banning of a Turkish party that sought
to inject
Professor O'Brien
I am grateful for your efforts and would very much appreciate a copy of your
translation.
Marc Stern
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] Behalf Of Robert O'Brien
Sent: Wednesday, January 21, 2004 10:01 PM
To: Law & Religion issues for Law
Does the policy ban just religious gifts or all gifts.?
Marc Stern
-Original
Message-
From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]On Behalf Of [EMAIL PROTECTED]
Sent: Wednesday, December 17, 2003
11:46 PM
To: [EMAIL PROTECTED]
Subject: Candy canes protected in
Plano?
De
Henry VIII
as an icon of marriage (or civil unions)? At least he had lots of experience.
Marc Stern
-Original
Message-
From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]On Behalf Of Nathan Oman
Sent: Friday, December 05, 2003
12:22 PM
To: Law & Religion issues for
Law Academics
We are
lawyers. We believe in precedent.
Marc
-Original
Message-
From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]On Behalf Of Will Linden
Sent: Friday, December 05, 2003
1:05 PM
To: Law & Religion issues for
Law Academics
Subject: Re: Nativity Scene
Butting in here... I
Doug’s
suggestion would solve the fight over gay marriage but it would be difficult to
administer elsewhere. Which controls for purposes of social security? Spousal
share? Child custody?
Marc Stern
-Original
Message-
From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]On Behalf O
Ah, but the status of the Lemon test is uncertain( I too thought the joke
funny and inoffensive...)
)Marc Stern
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] Behalf Of Paul Finkelman
Sent: Thursday, December 04, 2003 3:55 PM
To: Law & Religion issues for Law Acade
of larger and
smaller Jewish communities, secular and religious Jews, philanthropists and
program beneficiaries. Those grappling with these questions need also to
consider the effects, if any, of the new doctrine on other religious liberty
issues including prayers in the schools and religious accom
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