here Bob Jones University is concerned?
Brad Pardee
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Please note that me
we have long held that actual malice requires material falsity
Air Wisconsin Airlines Corp. v. Hoeper, 134 S. Ct. 852, 861, 187 L. Ed. 2d 744
reh'g denied, 134 S. Ct. 1575, 188 L. Ed. 2d 582 (2014)
On Sun, Feb 15, 2015 at 3:37 PM, Brad Pardee wrote:
It's not about the Court say
ptable, logical, consistent, or
comprehensible to others in order to merit First Amendment protection"
- Jim
On Sat, Feb 14, 2015 at 8:03 PM, Brad Pardee wrote:
I'ts not an all or nothing. The fact that the freedom of speech does not
protect slander and libel doesn't mean we di
ion Center
Philadelphia, Pennsylvania
518-439-7296 (p)
518-605-0296 (c)
paul.finkel...@albanylaw.edu
www.paulfinkelman.com <http://www.paulfinkelman.com/>
*
_
From: religionlaw-boun...@lists.ucla.edu
[religionlaw-boun...@lis
In the absence of some factor not listed here, I don't see a religious freedom
issue here.
Brad
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of K Chen
Sent: Saturday, February 14, 2015 8:51 PM
To: Law & Religion issues for Law Academics
Su
I'ts not an all or nothing. The fact that the freedom of speech does not
protect slander and libel doesn't mean we disregard every other freedom of
speech claim. We are able to distinguish between the two. Similarly, the fact
that people have wrongly tried make religious freedom claims doesn'
Let me clearer. There is a difference between saying you won't serve certain
people and saying you won't be a participant in a certain event. A wedding
cake is part and parcel of the event, same as providing the floral settings and
taking the photographs, although I realize don't agree with th
There is a problem with the scenarios you present. Baking bread is a far
more context-free activity than baking a wedding cake, for instance. The
baker of the wedding cake is taking part in the preparation of a specific
event that their faith may say not to take part in. The baker of the bread
i
people who object to the lifting of the gay marriage ban," and that "gay rights
supporters have said they would challenge the proposed measures in court if
they become law." It does not cite any gay rights supporters as saying they'll
sue to require ministers to perform re
he law, and c) supporters
of gay rights said they'll challenge the law in the courts if it is passed,
indicating that they believe pastors can be forced to perform same sex
weddings that violate a church's teaching.
Brad Pardee
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T
Hobby Lobby itself as a corporation may not have religious beliefs or an
immortal soul, but the decisions made for the corporation are made by people
who do, as is true for all corporations, large and small. If a corporation
had, for instance, engaged int trade with South Africa during apartheid,
I think history is replete with examples of people who defended their actions
by saying, "I was just following orders", but we rarely if ever accept that
defense. The only difference is that, in this instance, the orders are coming
from Congress. The Fugitive Slave Law of 1850 is a fair compar
tion of religious
liberty. The 1st Amendment specifically talks about free exercise, not
merely freedom of belief and worship. What would you say that free exercise
refers to when it says it is to be protected?
Brad Pardee
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@
Because the employee's paycheck is a blank check. The employee can do
whatever they want with it because, as part of the salary, there are no
limits on what the employee can or can't spend the money on. However,
insurance is not a blank check. The policy specifies what it is covering
and what it
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
ugs and devices." None of that
has any bearing on what employees do with their paychecks or what decisions
they make in their private lives. It simply says that their religious beliefs
forbid them to be involved in procuring those contraceptives .
Brad Pardee
-Original Message-
lton?fref=ts>
<https://twitter.com/marci_hamilton>
-Original Message-
From: Brad Pardee
To: 'Law & Religion issues for Law Academics'
Sent: Tue, Nov 26, 2013 4:57 pm
Subject: RE: Contraception Mandate
There is a problem with using, as the article does, the quote from
s
pro-life can own a large company unless they are willing to check their
faith at the door. I'm not sure that fits any definition of religious
freedom that I'm aware of.
Brad Pardee
-Original Message-
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists
Who
Discriminated Against Gays
On Aug 22, 2013, at Thu, Aug 22, 9:06 PM, "Brad Pardee"
wrote:
This is not correct. The issue is neither the customers' identity or the
free market. It is about the merchant being required to participate in
events that they cannot participate
, nor should we get unit vetoes on laws we don't like. Even if the
dislike is for religious reasons.
Steve
Sent from Steve's iPhone
On Aug 22, 2013, at 10:36 PM, "Brad Pardee" wrote:
The problem with this rationale is that the religious liberty issue is about
be
f/organization. No constitutional violation.
Marci
Marci A. Hamilton
Verkuil Chair in Public Law
Benjamin N. Cardozo Law School
Yeshiva University
@Marci_Hamilton
On Aug 22, 2013, at 10:36 PM, "Brad Pardee" wrote:
The problem with this rationale is that the religious
ngthy discussion here some time back about a woman who
was, if I recall correctly, kicked out of a graduate psychology program
because of what her faith teaches on the subject of sexual orientation. And
this is what passes for "religious freedom" in today's climate.
Brad Pardee
Fr
I'm not certain that this is a correct understanding of the purpose of freedom
of religion. It's always been my understanding that the essence of religious
freedom is that a person is not forced to choose between obeying their God and
obeying their government. That's certainly at the heart of
ionlaw-boun...@lists.ucla.edu] on behalf of Brad Pardee
[bp51...@windstream.net]
Sent: Tuesday, July 02, 2013 12:27 AM
To: 'Law & Religion issues for Law Academics'
Subject: RE: Marriage -- the Alito dissent
How many moral questions are based on scientific fact? Whether an
of
the question you find yourself supporting, are rarely, if ever, supported by
scientific fact. If they were, then nature's display of the law of survival
of the fittest, a scientifically verified phenomena to be certain , would
seem to suggest that objection to killing is irrational.
g as
money that would otherwise be flowing to the government is diverted for the
very specific purpose of providing religious instruction to adherents. That
would lead to a question as to whether it is constitutional for religious
entities to be treated less favorably than other non-profits.
under
the college's chapel program. But the school's president intervened and
prevented that from happening."
http://radio.foxnews.com/toddstarnes/top-stories/florida-college-says-christ
ian-group-cant-have-christian-leaders.html
Brad Pardee
__
avoid the
problem.
Brad Pardee
-Original Message-
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Eric Rassbach
Sent: Monday, February 25, 2013 10:58 PM
To: Law & Religion issues for Law Academics
Subject: RE: Christian groups o
oddstarnes/top-stories/university-of-michigan-kick
s-christian-club-off-campus.html
Brad Pardee
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just as salary is.
The only limitations on what a tenant can do beyond the above-mentioned
illegal activities are those that directly bear upon the facility itself
(damage to the building, pets, etc.) or intrude on other tenants (such as
loud parties, stereos, etc.).
Brad Pardee
From: religionl
f
association claims, this one fails to pass the Establishment Clause
requirement because of the entanglement inherent in the picking and choosing
of what qualifies as a religious organization based on whether or not it is
affiliated with a church?
Brad Pardee
P.S. And if I haven't said it before
l and Native
American circles, most folks didn't worry about it because they didn't see
it as a ruling beyond peyote. The contraceptive mandate has certainly
gotten the attention of a much larger segment of society, though. I wonder
if the Court would see a case like this as an opportunit
some perspective from the view of an impartial scholar where this
is NOT patently absurd?
Brad Pardee
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e were to ultimately force the court to re-think that
precedent, I'd be happy to see it happen. Under the present rulings in
place, though, I'm not sure if the teacher has a case, regardless of whether
or not she should have one.
Brad Pardee
__
Jennifer Keeton is a student at Augusta State University, pursuing a
graduate degree in counseling. In line with her religious beliefs, she
holds to the traditional view regarding homosexuality. She has expressed
those views in classroom discussions as well as in written assignment. In
response,
I saw an interesting poll from the readersdigest.com where they surveyed people
in 16 different countries, asking if they believe in God. The results vary
from a low of 50% in France and a high of 98% in Malaysia. I found myself
wondering if there has ever been a study to determine 1) if there
book is
"The Seal: A Priest's Story", and there is an interview with the author at
http://www.zenit.org/article-26692?l=english
Brad Pardee
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loyee makes and the purchasing decisions that the employer
is involved in through the establishment of a beneifts program set up by the
employer to fund those purchases?
Brad Pardee
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To subscrib
It may also be said that most citizens in states with rfras have little idea
that there are very real threats to their religious freedom that make rfras
necessary.
Brad
Marci wrote:
The big political picture here is interesting, because if religious entities
overreach sufficiently, there wil
The Connecticut Office of State Ethics has attempted to require the Diocese of
Bridgeport to register as a lobbyist because a) the Diocese spent over $2000 to
rent buses to bring protesters to the state capitol for a demonstration against
Raised Bill 1098 (the attempt to force the Catholic churc
support to Democratic candidates and platform
planks that are pro-life and support traditional marriage, neither
recognition or funding will be an issue.
Brad Pardee
- Original Message -
From: "Ed Brayton"
To: "'Law & Religion issues for Law Academics'"
gic of Employment Division v. Smith
precludes it from offering the protection it is supposed to speaks volumes.
The situation with the mock trial competition is helpful in exposing that
weakness in the real world.
Brad Pardee
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You're talking about different religions, though, Steve. The standard model
that we see in the debate over gay rights is to compare it to the civil
rights movement in the 60s. People who don't support gay marriage are
characterized as being no different than people who didn't support
interrac
be forced to act contrary to their religious beliefs would come
as a great shock to Elaine Huguenin.
Brad Pardee
- Original Message -
From: "Joel Sogol"
To: "Religionlaw" ; "'Brian Sogol'"
Sent: Friday, April 03, 2009 6:17 PM
Subject: Americans Un
>From the Pew Forum on Religion & Public Life
The Political Obligations of Catholics: A Conversation With the Most Rev.
Charles Chaput, Archbishop of Denver
http://pewforum.org/events/?EventID=213
Thought this might be of interest here
Brad___
To pos
e board of
directors with respect to administrative and financial matters."
I can't imagine how the state dictating the church's governing structure could
possible pass 1st Amendment muster.
Brad Pardee
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This would come as a great shock to all the people who work at Catholic
Charities and give to Catholic Charities. They dont do these things because
they are public-spirited citizens. They do so as a very direct application of
their faith because they understood it to be a command from God to
On the contrary, I think Alan's choice of the term "debased" was substantially
more charitable than current free exercise jurisprudence deserves. The essence
of religious freedom is that a person ought not be forced to choose between
obeying their God and obeying their government unless there i
According to this story on Yahoo, the Supreme Court isn't going to hear an
appeal regarding a state law in New York that forces groups like Catholic
Charities to cover contraceptives in the prescription drug plan they offer
their employees.
http://news.yahoo.com/s/ap/20071001/ap_on_go_su_co/sco
http://www.cnn.com/2007/US/law/09/20/suing.god.ap/index.html
LINCOLN, Nebraska (AP) -- A legislator who filed a lawsuit against God has
gotten something he might not have expected: a response.
...
Chambers ... said he's trying to make the point that anybody can sue
anybody.
Not so, says "God.
I'm embarrassed to admit that this guy is a long-term state senator here in
Nebraska. This does, however, seem to be the biggest possible interaction
between religion and law.
>From http://news.yahoo.com/s/ap/20070917/ap_on_fe_st/odd_suing_god_2
LINCOLN, Neb. - Fed up with the threats, tired o
religion requires, could a case be made
that this qualifies as excessive entanglement?
Brad Pardee
- Original Message -
From: "Volokh, Eugene" <[EMAIL PROTECTED]>
To: "Law & Religion issues for Law Academics"
Sent: Thursday, August 30, 2007 1:28 AM
Sub
Sounds very interesting! Do you know if any of this will be aired on C-SPAN
or C-SPAN 2? This does seem like the kind of thing they would show when
they aren't broadcasting Congress.
Brad
- Original Message -
From: "John Taylor" <[EMAIL PROTECTED]>
To: "Law & Religion issues for La
of American
fighting men and women were willing to die to defend.
Brad Pardee
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Ed,
You wrote, "And if, as you say, most of those situations are cleared up by
a letter explaining the law, is it really an attempt to suppress, or is it
merely ignorance of the law? Seems the latter would be a far more reasonable
description of what is going on."
Certainly there are some
I wrote: "While it's uncharitable to assume that all of these
situations are the result of animus against such events, it's equally naive to
assume that none of these situations are merely harmless, well-intentioned
ignorance."
Obviously, I meant to say, "it's equally naive to assume that A
Not necessarily a contradiction at all. They simply establish
whatever non-discriminatory criteria seems appropriate (no profanity, no
slander, etc.) and their approval is merely a statement that they have met the
criteria. It's kind of like when a radio or TV station airs a pre-recorded
p
Michael Newsom wrote, "Being 'marginalized' and called a 'homophobe' is not
quite the same thing as having your brains beat in because you are gay. To
suppose that the two are morally equivalent is to make, with respect, a
categorical error."
It's true that these two are not morally equivalen
Perhaps. If he had stopped at saying he
believed they lied, that would be one thing. When the judge throws in the
accusation that they were breathtakingly inane, though, that doesn't sound like
the words of a trier of fact. That sounds like somebody with an axe to
grind against the plaint
When they describe the National Association of Evangelicals as "liberal",
they lose a lot of credibility with me right from the get-go. I'm as
interested as anyone in being aware of the "end times", but this press release
seem a bit "out there" to me.
Brad
- Original Message -
I work in a college library, and in the course of cataloging (and
re-cataloging) older materials, I've seen this kind of name adjustment, and
it never addresses the underlying issue of what people think of the term in
question. The best example of this that I've seen is "handicapped". I've
ca
Are you seriously suggesting that a kid who talk to your 7 year old about
religion in a way that you find offensive is going to be physically
assaulted by your child? That's not just unacceptable at school. It's
criminal, and I cannot conceive of why you would permit your child to
respond to
I appreciate Art's clarification of what he meant. He's
correct that I understood his saying the judge "wanted to do the right thing" as
meaning that judge was acting based on his own understanding of right and wrong
as opposed to what the law reads.
I would think, though, that it would no
If that was the judge's reasoning, then regardless of whether
his ultimate ruling was legally right or wrong, he doesn't
understand his job. Judges aren't supposed to rule based one what they
think is the right thing or the wrong thing. That's what legislators
do. Judges are supposed to r
This came from the Zenit News Agency,
a Catholic news service based in Rome. I thought it would be of interest
here.
--Catholic Judges,
the U.S. Constitution and Natural LawInterview With
Pepperdine's Douglas KmiecMALIBU, California, AUG. 29, 2005
(Zenit.o
The following was aired on the Canadian Broadcasting Corporation last
month. I don't think anybody, either on the right or the left, would
seriously suggest this in the US, and I don't think any major network would
donate air time for them to do so. If people of faith (any faith) in
Canada
Stephen L. Carter, the William
Nelson Cromwell Professor of Law at Yale Law School, has written a very
insightful column about the way churches handle politics, with some attention
paid to the North Carolina pastor who forced people out of his congregation if
they voted for John Kerrey. As
stitution designates." It might well be illegal, and they might
engage in it as an act of civil disobedience (which has a long history) but
it can hardly qualify as anything akin to treason.
Brad Pardee
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In light of the Supreme Court's
decision today in Kelo v. City of New London, will the RLUIPA protect
churches if a local government tries to take church property, ostensibly on the
grounds that it will better serve a public use as tax generating commercial
property?
Brad
_
kan.com/vnews/display.v/ART/2000/02/25/38b6051e2?in_archive=1
if anybody's interested.
Brad Pardee
- Original Message -
From: "Newsom Michael" <[EMAIL PROTECTED]>
To: "Law & Religion issues for Law Academics"
Sent: Tuesday, June 21, 2005 3:24 PM
Subject:
trong
Constitutional protection that goes beyond simply not singling people out
for discrimination.
Brad Pardee
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Doesn't that render the Free Exercise clause powerless as a guarantor
of religious freedom? Suppose, for instance, we were talking about freedom
of speech instead of the free exercise of religion. I can't
imagine that the legislature would be able to outlaw any type of speech
they wanted t
I agree that the Free Exercise clause requirea an exemption, regardless of
whether or not Title VII provided for one. However, Marci's position, as I
understood her to explain it, is that there would be no exemption under the
Free Exercise clause for a neutral, generally applicable law unless t
equate with the free exercise
of religion?
Am I missing something in terms of your understanding of accomodation and
free exercise?
Brad Pardee
- Original Message -
From:
[EMAIL PROTECTED]
To: religionlaw@lists.ucla.edu
Sent: Saturday, March 12, 2005 7:36
AM
Subje
ile or simply didn't care?
Brad Pardee
- Original Message -
From: "Richard Dougherty" <[EMAIL PROTECTED]>
But I think it also simply a matter of fact that there are many in the
government, including the judidicary, who are hostile to religion, and to
deny that is to
.news.yahoo.com/news?tmpl=story&cid=2352&ncid=2352&e=5&u=/csm/20050222/ts_csm/oreligionpageonex
Brad Pardee
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