Re: What religion is an 8-day-old?

There is much we do not know about what the 8 day old boy will want or believe at age 18 or 50? Yet decisions must be made for the child. Normally we trust the parent to act in the child's best interest. We turn the job over to the state only when there is clear evidence that the parents are no

RE: Circumcision: Mike Dorf on whether the same standards ought to apply in Germany

The German court said the circumcision was "socially inconspicuous, generally accepted and customary in history." It said circumcision was not in the child's best interest because it interfered with his rights of physical integrity and self-determination. Neither the Court nor Prof. Dorf consi

RE: Hobby Lobby Question

I have long thought, as Sandy does, that Naim v. Naim was a disgrace. It is hardly proof that Brown “did absolutely nothing,” though. Even Gerald Rosenberg’s flawed analysis of Brown does not go that far. Looking more closely at Naim, it seems somewhat less outrageous that the Court waited fo

Re: Religious organizations, tax-exempt status and same-sex marriage

It is pretty sad that the SG could not answer the question. My recollection is that Bob Jones did not lose its tax exempt status for its beliefs, but for making inter-racial dating grounds to deny admission. The IRS regs applied to schools, not to churches. Sent from my iPad On Apr 29, 2015, a

RE: Atheists on Jury Duty in Alabama

The 1964 Act is problematic. Title II forbids discrimination in public accommodations, whose definition does not include jury duty. Title III allows the Attorney General to bring a civil suit against a public [i.e., governmental] facility for religious discrimination, but only upon receiving a co

RE: Drift of the Court on religion

As to Justice White, perhaps his position is related to his authorship of Washington v. Davis, rejecting disparate impact test in another context. From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene Sent: Tuesday, June 03, 2008 10:18 A

RE: Government Religious Displays and Substantive Neutrality

Let's assume, for purposes of argument, that Jeffries and Ryan are correct in saying that elites support separation of church and state and ordinary folks don't. How does that illuminate any discussion of the meaning of the Establishment Clause? From: religion

RE: Looking for the Pawtucket Creche...

I think it may be here: http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/religioussymbols.htm Brian K. Landsberg Distinguished Professor and Scholar Pacific McGeorge School of Law 3200 Fifth Ave., Sacramento CA 95817 916 739-7103 blandsb...@pacific.edu _

RE: Perry v. Schwarzenegger - Effect of Religious Beliefs

The finding is in a section of the opinion titled: "WHETHER THE EVIDENCE SHOWS THAT PROPOSITION 8 ENACTED A PRIVATE MORAL VIEW WITHOUT ADVANCING A LEGITIMATE GOVERNMENT INTEREST" The sub-findings show that the beliefs lead to harmful acts. The court is not holding that the beliefs are unlawful, b

RE: Perry v. Schwarzenegger - Effect of Religious Beliefs

Although the state officials would not defend Prop. 8, they apparently treated it as law. Therefore there was a case or controversy for the court to decide. In that situation, the court needed someone to defend Prop. 8. This reminds me of the Bob Jones case, where the Attorney General decided

Re: A Constitutional right to make pilgrimmage

This is a statutory case. As originally enacted Title VII was commerce clause legislation. If CC was a basis for it's later extension to schools, Smith would not govern. Sent from my iPhone On Dec 13, 2010, at 4:25 PM, "Brad Pardee" wrote: > http://news.yahoo.com/s/ap/20101214/ap_on_go_ca_s

Re: Exemptions and accommodations

Perhaps we need to distinguish between two types of accommodation: those that burden third parties and those that do not. Making a non-sabbatarian work on Saturday shifts a burden from a sabbatarian to a third party. Allowing an orthodox Jew to bring a kosher meal to the non-kosher restaurant d

Re: German circumcision decision

If that is correct, neither the child nor the parent will be able to opt to circumcise the boy until he turns 18. Yet, as a prior post pointed out, most males who wish to be circumcised for religious reasons would rather that the procedure occur in infancy. Accurately predicting what the child

RE: Parental rights and physical conduct

Let me try again. The discussion has focused on the rights of the parents and of the state. The children have come into the discussion only as objects of control or protection by the parents or state; that is the context of the "best interests of the child" standard. But isn't the state depri

Re: Equivocal evidence, and the right to choose

In the case of a newborn the possible decision makers are the parents and the state. Why should we trust the state's judgment more than the parents' on an issue as to which reasonable minds can differ? Sent from my iPhone On Jul 6, 2012, at 3:40 PM, "Volokh, Eugene" mailto:vol...@law.ucla.edu>

Re: Equivocal evidence, and the right to choose

circumcision, depending on the evidence about medical costs and benefits (the case for allowing parents to decide becomes stronger when there are serious medical benefits) and on the evidence about whether circumcision indeed causes sufficient loss of sexual sensation. Eugene

RE: Locke v. Davey and expanded free exercise rights

The question posed was whether Catholic Charities were "religion." If so, they would have qualified for an exemption from the rule. If they are a religion, as they insist, should that affect their eligibility to participate in state and federal programs? >>> [EMAIL PROTECTED] 03/02/2004 6:20:0

Re: Locke v. Davey and expanded free exercise rights

uld be unjust.) My hope is that they will do the >latter, with the unintended (?) consequence of the law >being that a lot of disadvantaged people will lose support. (Unless >funding is supplied by private donations...) > >Richard Dougherty >University of Dallas > >Brian Lands

Re: School Prayer Compliance Studies

Doug, Try "The school prayer decisions from court policy to local practice" [by] Kenneth M. Dolbeare and Phillip E. Hammond (1971). Brian >>> [EMAIL PROTECTED] 8/12/2004 3:59:54 PM >>> After the school prayer decisions, there were a series of studies on the rate of compliance in school districts

Re: Steven Williams Case - more factual information

California 5th grade curriculum appears at . It's hard to fit the assignment here into the state mandated framework. >>> [EMAIL PROTECTED] 12/10/2004 2:13:48 PM >>> In California 5th grade is US history. 6th grade is from the beg

Re: John Lofton/Role Of Judges?

Neutrally [fairly] determine law and facts and then apply law to facts. >>> [EMAIL PROTECTED] 12/16/2004 10:49:35 AM >>> C'mon, gang, I need some help here. Had only one reply to my Q: What is the role of a judge; what MUST a judge do? And, please, briefly define your terms if you use a word like

Re: Ten Commandments

For a narrative and pictorial explanation of the display of the bill of rights, see . ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get

RE: Rick Perry and separation of church and state

These exchanges reflect the squishiness of the "endorsement" test. What about a return to Lemon: There seems to be no secular purpose for the Governor's decision to move the signing ceremony to church facilities. Another issue: assuming that the Governor has violated the Establishment clause, wh

Re: Calmness, politeness, and political balance

I think you've done a very good job of cautioning against rhetorical excess. Thank you. >>> [EMAIL PROTECTED] 12/23/2005 3:00:01 PM >>> At times, people have admonished me for not being ideologically evenhanded in my attempts to keep things polite and calm. Those who have done so may wel

Re: Judge Becker Posthumously Creates Circuit Split on MinisterialException

See Mayor and City Council of Baltimore v. Mathews, 571 F.2d 1273 (4th Cir. 1978): "Upon consideration of the appellees' petitions for rehearing and the response filed by the appellants, we conclude that Judge Craven's vote cannot be counted in the disposition of these appeals. Judge Craven died a

From the list custodian re: theological discussions

Hallelujah! >>> [EMAIL PROTECTED] 9/2/2006 1:02:49 PM >>> I thought I'd briefly note that as a general matter, purely theological discussions -- such as what the Bible allows or forbids -- are not on-topic for the list; the list is about the secular law related to religious practice, pract

RE: EC & Compelling Interest

Wouldn't this line of analysis lead to the conclusion that the government may establish a religion so long as it can show that most constituents want an established religion? I don't think that community desires alone can ever be a compelling interest. >>> Rick Duncan <[EMAIL PROTECTED]> 7/22

Re: What's happening in KY? -- wrong case, wrong parties

In Hunter v. Underwood the Court held that a law under which persons convicted of certain crimes was unconstitutional because it had been adopted with the intent of disqualifying African-Americans. The law disqualified both whites and blacks. As in the Davis case a facially indiscriminate depr

Re: What's happening in KY? -- wrong case, wrong parties

seems clear that it was important that there was a racially discriminatory (disparate) impact. Mark Mark S. Scarberry Pepperdine University School of Law Sent from my iPad On Sep 6, 2015, at 7:28 PM, "Brian Landsberg" mailto:blandsb...@pacific.edu>> wrote: In Hunter

Re: What's happening in KY? -- wrong case, wrong parties

it into an Equal Protection Clause violation. Eugene From: religionlaw-boun...@lists.ucla.edu<mailto:religionlaw-boun...@lists.ucla.edu> [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Brian Landsberg Sent: Sunday, September 06, 2015 10:49 PM To: Law & Religion issues for Law Aca

RE: Davis doubles down

Yes, the policy, though unstated, dates back at least to the early 1970’s. I was excused from processing Vietnam war protestors, at a time when most of the Department’s lawyers were needed because of the large number detained at RFK Stadium. In addition to various briefs that I was excused fro