Re: Making sense of Hosanna-Tabor (and the absurd nursing-worshipper hypo)

Maybe Doug is just very convincing? From: religionlaw-boun...@lists.ucla.edu on behalf of Ira Lupu Sent: Friday, April 28, 2017 9:21 AM To: Law & Religion issues for Law Academics; rtut...@law.gwu.edu Subject: Re: Making sense of Hosanna-Tabor (and the absurd

Re: New Jersey RLUIPA lawsuit

heads ... From: religionlaw-boun...@lists.ucla.edu on behalf of Kniffin, Eric N. Sent: Tuesday, November 22, 2016 6:30 PM To: Law & Religion issues for Law Academics Subject: RE: New Jersey RLUIPA lawsuit As Eric Rassbach mentioned, the Bush 43 administration brought a number of RL

Sikhs in the Army

All -- Thought the list would be interested in this development: http://www.becketfund.org/sikh-military-victory/ Happy 2017, Eric ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see

Re: New Jersey RLUIPA lawsuit

rsey seems to be a bit of a hotspot on these.) Eric From: religionlaw-boun...@lists.ucla.edu on behalf of Ira Lupu Sent: Tuesday, November 22, 2016 4:40 PM To: Law & Religion issues for Law Academics Subject: Re: New Jersey RLUIPA lawsuit I wonder if Eric

New Jersey RLUIPA lawsuit

Thought list readers might be interested in this RLUIPA lawsuit announced by DOJ, on behalf of a mosque in New Jersey: https://www.justice.gov/opa/pr/justice-department-files-suit-against-bernards-township-new-jersey-over-denial-zoning ___ To post,

Re: Religious accommodation schemes and discriminatory practices

Recently there have been a number of "handshake" incidents in Germany, but as far as I can tell mostly in the school context, e.g.: http://www.independent.co.uk/news/world/europe/teachers-walk-out-of-school-ceremony-in-protest-after-muslim-pupil-refuses-to-shake-class-mistress-a7133961.html

Re: Belated congratulations

lf of Arthur Spitzer Sent: Thursday, June 18, 2015 10:17 PM To: Law & Religion issues for Law Academics Subject: Re: Belated congratulations Thanks! 90% of the great lawyering was by Heather. Art Spitzer Warning: This email is subject to monitoring by the NSA. On Thu, Jun 18, 2015 at 9:39

Belated congratulations

To Dan Mach, Heaver Weaver, and Art Spitzer of the ACLU, as well as Anisha Singh and Manmeet Singh of United Sikhs. This important decision regarding the rights of observant Sikh Americans who wish to serve in the military represents some great lawyering: https://ecf.dcd.uscourts.gov/cgi-bin/

Becket Fund position

Readers of the list may be interested that the Becket Fund is currently looking to fill an attorney position: http://www.becketfund.org/contact-us/join-the-becket-fund-staff/ Please feel free to inform your former students (or your colleagues) whom you think might have an interest. Eric

Another take on the Holt v. Hobbs argument

Starring Doug Laycock: Last Week Tonight with John Oliver ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get pa

RE: Christian groups on secular campuses

My understanding is that the University later recognized the group as a student organization: http://www.michigandaily.com/news/intervarsity-reinstated-university-club From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] On Beh

Psychic Sophie: speech and RLUIPA case at 4th Circuit

Thought the list would find this one notable: http://www.timesdispatch.com/news/latest-news/fortune-telling-or-spiritual-counseling-th-circuit-to-decide/article_b6cf12f4-3e3c-11e2-b1ca-001a4bcf6878.html One interesting fact is that one has to obtain a license to be a fortune-teller in Virginia.

RE: RLUIPA and prisoner conjugal visits

Doug -- Would your position with respect to the RLUIPA claim change if conjugal visits were typically treated as a privilege the relevant warden could grant on a discretionary, even arbitrary, basis? Eric From: religionlaw-boun...@lists.ucla.edu [rel

RE: RLUIPA and prisoner conjugal visits

Marty -- Would you agree that if conjugal visits are currently handed out on a fairly selective/arbitrary basis, then the government's affirmative CGI/LRM defense under RLUIPA would have to fail? Eric From: religionlaw-boun...@lists.ucla.edu [religionla

RE: RLUIPA and prisoner conjugal visits

ne > -Original Message- > From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw- > boun...@lists.ucla.edu] On Behalf Of Eric Rassbach > Sent: Sunday, November 25, 2012 3:49 PM > To: Law & Religion issues for Law Academics > Subject: RE: RLUIPA and prisoner conju

RE: High School Student's Religious Objection to Wearing RFID Chip Badge for Student Locator Program

How would we know that we don't already all have RFIDs installed? I understand they are rather unobtrusive. More seriously, presumably government access to voluntarily-installed RFIDs would have to be subject to reasonable expectations of privacy, and at least at this point most people don't

RE: RLUIPA and prisoner conjugal visits

What religious exercise are the non-religious prisoners being forced to participate in? Lee was not about sincerity. From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene [vol...@law.ucla.edu] Sent: Sun

Forced beard shaving in case of Nidal Hasan

I wondered what the list thought about this issue concerning the Ft. Hood shooter Major Nidal Hasan. Query whether anyone has invoked William Penn's hat. http://www.armytimes.com/news/2012/08/ap-nidal-hasan-beard-might-bias-jury-fort-hood-shooting-trial-082812 Experts: Hasan’s beard might bia

RE: New circumcision policy statement from the AAP

he right question: what is in the best interest of the child whose body is being pretty much irreversibly altered, and not what the parents prefer or on what is in the interest of religious communities. Eugene > -Original Message- > From: religionlaw-boun...@lists.u

New circumcision policy statement from the AAP

http://www.tabletmag.com/scroll/110165/leading-pediatric-group-endorses-circumcision Eugene -- Would this change your legal analysis with respect to this issue? Eric ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe,

A RLUIPA victory for our client

I thought the list would be interested in this development in one of our cases. Tennessee mosque set to open today, in time for end of Ramadan After years of opposition, local Muslims permitted to use mosque for worship

German parliament passes resolution in favor of protections for religious circumcision

http://www.haaretz.com/jewish-world/jewish-world-news/germany-s-parliament-endorses-resolution-supporting-circumcision-right-1.452297 ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see

RE: Circumcision

Here is the section of the California Penal Code I believe Eugene is talking about: West's Ann.Cal.Penal Code § 653 [cid:image001.gif@01CD5F9B.395E66B0]§ 653. Tattooing person under age 18 Every person who tattoos or offers to tattoo a person under the age of 18 years is guilty of a misdemeano

RE: German circumcision decision

of another person who by definition does not believe in that religion, and who might or might not grow up to believe in that religion. However we resolve that question, I don’t think this sort of “agnosticism” has any helpful role to play here. Eugene Eric Rassbach writes: &g

More commentary on German circumcision decision

New York Times symposium: http://www.nytimes.com/roomfordebate/2012/07/10/an-age-of-consent-for-circumcision Lord Sacks (Chief Rabbi of the UK): http://www.chiefrabbi.org/2012/07/06/the-jerusalem-post-the-europeans-skewed-view-of-circumcision/ ___ To p

RE: Parental rights and physical conduct

@lists.ucla.edu [mailto:religionlaw- > boun...@lists.ucla.edu] On Behalf Of Eric Rassbach > Sent: Thursday, July 05, 2012 9:43 AM > To: Law & Religion issues for Law Academics > Subject: RE: Parental rights and physical conduct > > > Eugene -- > > I don't think t

RE: Parental rights and physical conduct

balanced by Prince. So the use of "right" in this context is a dead end in my view. The best interest of the child is not in the context of parental rights as much as it is intended to treat the child as a separate person who deserves protection and respect even in opposition to a par

RE: Parental rights and physical conduct

What kind of "conduct" are you talking about in category 3? Some people will say that keeping kids on the farm instead of sending them to school is abusive or harmful. Cf. Yoder. I don't think you can define the category simply as "abuse" "neglect" or "harm" because all kinds of parenting activ

RE: Parental rights and physical conduct

Eugene -- I don't think this makes sense because it posits an impossible universe of zero-risk parenting. It is far riskier to drive your child on the freeway (not to mention take him/her skiing, or letting him/her play soccer, or play football (esp. in Texas)) than it is to baptize him/her. A

RE: Parental rights and physical conduct

I would add to Chip's point that almost all of these cases would arise in state court rather than federal court since they would for the most part deal with domestic relations issues or state law tort claims. See for example, In re Marriage of Boldt, 344 Or. 1, 176 P.3d 388 (Ore. 2008): Alth

RE: German circumcision decision

Eugene -- I think the problem with your non-medical reasons paragraph below is that it misstates the proper attitude of the state towards religious freedom and religious reasons given by parents. The state is supposed to be neutral on claims of religious obligation, not merely tolerant of them

RE: German Minister Moves to Calm Circumcision Fears

Mark -- My understanding is that this particular case is at an end, and the state intermediate appellate court's ruling stands, because the prosecution chose not to appeal. So any change will have to come by means of another case or legislative action. Eric _

German circumcision decision

I'd be interested to know what the list thinks about the reasoning of the recent decision by a state appeals court in Cologne holding that performing a circumcision constituted the crime of bodily harm (similar to battery). You can find a decent translation of the decision here: http://adam1co

RE: Religious exemptions in ND

statute than one handed down under a state constitutional amendment. Eugene > -Original Message- > From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw- > boun...@lists.ucla.edu] On Behalf Of Eric Rassbach > Sent: Monday, June 18, 2012 1:24 PM > To: Law &

RE: Religious exemptions in ND

Should we really assume that it is harder to get something through a legislature than to get a ballot measure passed? I can't speak to how easy it is to get a ballot measure together in North Dakota, but in several states and on some issues it is arguably easier to change the constitution than

RE: Strict scrutiny, from Sherbert/Yoder to RFRA

Chris -- I don't think you should read as much as you do into "sensible balances" in O Centro, since it is after all a quote from the statute. In fact, the way I read it, the Court quotes the statute to affirm what Congress did, namely define the full-throated compelling interest test as a met

RE: Religious exemptions in ND

erty >A Project of the Law Office of Robert V. Ritter >Falls Church, VA >703-533-0236 > > >On June 14, 2012 at 4:42 PM Eric Rassbach wrote: > >> >> These appear to be some of the main arguments against passing the RFRA: >> >> http://ndaga

RE: Religious exemptions in ND

These appear to be some of the main arguments against passing the RFRA: http://ndagainst3.com/get-the-facts/ As an example, this TV ad said that the RFRA would allow men to marry girls aged 12 and to beat their spouses: http://www.youtube.com/watch?v=14ngnqGR6e8 There was also quite a bit of

RE: Report: NYPD fires Orthodox Jew recruit for refusing to trim beard

Beard cases (both police and fire) have often gone for the plaintiff, regardless of whether he was coming to the nuisance of a non-accommodating law. E.g.: http://aclunv.org/aclu-wins-victory-orthodox-jewish-police-officer-seeking-wear-beard (Plaintiff was in fact an undercover officer.) As

RE: Accommodation

If I can revive this string -- I don't think that either ban Eugene posits below should be unconstitutional. The fact that lawgivers may have had religious motivations ("nonrational" or otherwise) would not ipso facto result in an Establishment Clause violation. If you ask many lawgivers they w

RE: Court upholds prison no-pork policy against Establishment Clause challenge

iness and worry they could also lose their right to kosher slaughter. From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] On Behalf Of Eric Rassbach [erassb...@becketfund.org] Sent: Saturday, April 14, 2012 1:09 AM To: Law &

RE: Court upholds prison no-pork policy against EstablishmentClause challenge

The assumption of pretext is frankly offensive. And, yes, the Becket Fund is as unpopular with the animal protection groups as it is with children's groups. The pursuit of religious liberty in cases where others are harmed is controversial to say the least. Marci On Apr 12, 2012, at

RE: Court upholds prison no-pork policy against EstablishmentClause challenge

d then to have as your example something out of the 1930s is singularly unpersuasive. Marci A. Hamilton Paul R. Verkuil Chair in Public Law Benjamin N. Cardozo School of Law Yeshiva University 55 Fifth Avenue New York, NY 10003 (212) 790-0215 hamilto...@aol.com<mailto:hamilto...@aol.com> -Origina

RE: Court upholds prison no-pork policy against EstablishmentClausechallenge

ictures as traditional Orthodox Jews do. Howard Friedman -Original Message- From: religionlaw-boun...@lists.ucla.edu on behalf of Eric Rassbach Sent: Thu 4/12/2012 11:39 AM To: Law & Religion issues for Law Academics Subject: RE: Court upholds prison no-pork policy against Establishme

RE: Court upholds prison no-pork policy against EstablishmentClause challenge

out of the 1930s is singularly unpersuasive. Marci A. Hamilton Paul R. Verkuil Chair in Public Law Benjamin N. Cardozo School of Law Yeshiva University 55 Fifth Avenue New York, NY 10003 (212) 790-0215 hamilto...@aol.com<mailto:hamilto...@aol.com> -Original Message- From: Eric Rassbach

RE: Court upholds prison no-pork policy against EstablishmentClause challenge

Chip is right that the supposedly inhumane methods of kosher/halal slaughter (something US law defines as humane, btw) is one of the main public justifications for banning the practice. But as our brief in the New Zealand kosher slaughter ban case pointed out -- http://www.becketfund.org/wp-c

RE: Supreme Court sides with church on decision to fire employee on religious grounds

Alan -- I'd be interested to know how one might design such a formally religion-neutral voucher that would be used primarily and overwhelmingly by church members to make contributions to their churches. It doesn't seem that easy to me; perhaps you could explain to the group how one would desig

RE: Go to Church or Go to Jail?

If the preaching is particularly bad, they might also have an Eighth Amendment claim. From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] On Behalf Of Douglas Laycock [dlayc...@virginia.edu] Sent: Monday, September 26, 2011 6:06

Becket Fund hiring

All-- I wanted to let everyone know that the Becket Fund is hiring for a Senior Legal Counsel position. The announcement is here: http://www.becketfund.org/contact-us/join-the-becket-fund-staff/ Please contact me offlist with any questions. Thanks, Eric _

Prof. Turley's lawsuit regarding religious polygamy

Thought the list might be interested in this complaint which includes both Free Exercise and Establishment Clause claims and has quite a bit of emphasis on religious issues: http://jonathanturley.files.wordpress.com/2011/07/brown-complaint.pdf Paragraph 30 indicates how Prof. Turley intends to

RE: 5th Circuit en banc oral argument in the "candy cane case"

te but our neighbor considers perfectly acceptable) -- all point in the same direction. -Original Message- From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Eric Rassbach Sent: Thursday, May 26, 2011 4:36 PM To: Law & Religion issues for Law

5th Circuit en banc oral argument in the "candy cane case"

Thought the list might be interested in the en banc oral arguments in the so-called "candy cane case" from earlier this week: http://www.ca5.uscourts.gov/OralArgRecordings/09/09-40373_5-23-2011.wma Paul Clement and Ken Starr split time on plaintiffs' side. School district had been arguing that

RE: May American court appoint only Muslim arbitrators, pursuant toanarbitrat...

As I think Prof. Oman has already mentioned, in most cases it is pretty obvious from the context what specific variant of Sharia is meant. The contract in the ARAMCO case means Saudi Sharia, e.g.: "Should there be several arbitrators, the Chairman must know the Shari’a, commercial laws and the

RE:

gion. There is no discrimination on the police officer’s part. But if a property owner tells the police, “please eject everyone who isn’t a Catholic,” I don’t think the police officers can do that. Likewise with a judge being told to appoint only Muslims. Eugene Eric Ra

RE: May American court appoint only Muslim arbitrators, pursuant to an arbitration agreement?

arbitrator must be Muslim; a judge's rejecting someone because some people don't think he's really Muslim strikes me as religious discrimination by the court, and not just in implementing the clear terms of the contract. Eugene > -Original Message- > From: r

RE: May American court appoint only Muslim arbitrators, pursuant to an arbitration agreement?

What is the entanglement problem in Eugene's view if the Court is not being asked to decide a religious question? If ARAMCO objected to the appointment of an Ahmadi arbitrator as non-Muslim then I could see how the Court would be unable to resolve the dispute. But appointing a Muslim arbitrator

RE: May American court appoint only Muslim arbitrators, pursuant to an arbitration agreement?

Here is the relevant provision (in translation) from the case-link Eugene sent around: The Arbitrator must be a Saudi national or a Moslem foreigner chosen amongst the members of the liberal professions or other persons. He may also be chosen amongst state officials after agreement of the auth

RE: Federal regulators apparently force bank to take down religioussymbols

Alan - Great questions! In the particular case of In-N-Out I would imagine that forcing the chain to take the Bible references off the burger wrappers would create an undue hardship, either because it would be too difficult to change all of the wrappers, or because it undermines the brand sin

RE: Federal regulators apparently force bank to take down religioussymbols

ouglas Laycock Sent: Monday, December 20, 2010 9:52 AM To: Law & Religion issues for Law Academics; Eric Rassbach Subject: Re: Federal regulators apparently force bank to take down religioussymbols It doesn't make sense to call religious truth claims offensive (although that is commo

RE: Federal regulators apparently force bank to take down religioussymbols

I took Alan's example re re Confederate flags etc. to be raising the issue of hostile work environment discrimination claims. Of course for such a claim to be successful, a lone requirement that employees display something offensive would not be enough; you'd have to show some other pattern of

RE: TRO against Oklahoma "no use of Sharia Law"

testimony of women and non-Muslims. From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene [vol...@law.ucla.edu] Sent: Thursday, November 11, 2010 1:09 PM To: Law & Religion issues for Law Academics Subject: RE: TRO against Oklahom

RE: TRO against Oklahoma "no use of Sharia Law"

ican law and not religious or foreign law? Eugene > -Original Message- > From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw- > boun...@lists.ucla.edu] On Behalf Of Eric Rassbach > Sent: Thursday, November 11, 2010 9:05 AM > To: Law & Religion issu

RE: TRO against Oklahoma "no use of Sharia Law"

to:religionlaw-boun...@lists.ucla.edu] On Behalf Of Eric Rassbach Sent: Thursday, November 11, 2010 7:31 AM To: Law & Religion issues for Law Academics Subject: RE: TRO against Oklahoma "no use of Sharia Law" Interesting quote re the Oklahoma ban and religious arbitration: http:/

RE: TRO against Oklahoma "no use of Sharia Law"

x27;t think there'll be a problem with enforcing arbitral awards, but there would be a problem in the other contexts.) > -Original Message- > From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw- > boun...@lists.ucla.edu] On Behalf Of Eric Rassbach > Sent: Wednesday

RE: Enjoining the certification of election results

Also, what happens if they certify anyway? Could the Court order them to take it back out of the state constitution? From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene [vol...@law.ucla.edu] Sent: We

RE: FW: TRO against Oklahoma "no use of Sharia Law"

An analogy would be a religious wedding contract that a court enforces (or doesn't) according to neutral principles of law. The fact that there are also religious elements in the text of the contract (e.g. a quotation from sacred text, invocation of a deity) does not invalidate it. Some of the

RE: TRO against Oklahoma "no use of Sharia Law"

One interesting parallel are blasphemy laws still on the books in several states but unenforceable under Torcaso v. Watkins. For example, the Arkansas Constitution disqualifies atheists from serving in certain public capacities: http://www.becketfund.org/index.php/article/958.html Presumably t

Principles of sincerity/credibility determination

I thought this paragraph from a post Eugene made on his blog would be a good one to discuss on the list: *** A claimant may prevail only if his beliefs are sincerely held: If a court concludes that the claimant is lying about his beliefs, then his claim will be rejected. (Courts may ofte

RE: Death-row conversion to Satanism admissible to prove futuredangerousness in death penalty retrial

Does anyone know whether the Bureau of Prisons takes into account the content of a prisoner's religious beliefs regarding violence (e.g. the beliefs of Sheikh Omar Abdel-Rahman) in deciding which unit within the federal prison system/what security level to assign him to? _

RE: N.J. public transit employee fired for blasphemy

Another reason the racism line of cases may not apply is that race and religion are different. Religious expression always involves an element of disagreement with others. Taking any position on religious matters automatically entails disagreeing with several other religious viewpoints. Racial

RE: N.J. public transit employee fired for blasphemy

If I could add a hypo to Eugene's question: Should the families of the people who died in the Kashmir rioting (or the Catholic school that was firebombed) be able to seek redress from Pastor Jones for tort liability? If so, on what basis? Would it matter whether Pastor Jones had ever heard

RE: N.J. public transit employee fired for blasphemy

y the idea of incitement. But that's >another topic. > >Alan > > > >-Original Message- >From: religionlaw-boun...@lists.ucla.edu >[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Eric Rassbach >Sent: Thursday, September 16, 2010 11:34 AM >To: Law &am

RE: N.J. public transit employee fired for blasphemy

s of violence against an innocent person. I'm not convinced that all such statements are protected speech because the acts of violence are unjustified. Alan Brownstein -Original Message- From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf

RE: N.J. public transit employee fired for blasphemy

Part of the problem with the analogy is that rushing out of the theater when someone shouts "Fire!" is a justifiable response by those in attendance. If the shouter is telling the truth about the fire, then they ought to try to get out, and no one is to blame. If the shouter is not telling the

RE: A real-life on-campus example

Chip - Does the situation where the Mormon student shut down the Washburn chapter of CLS represent the sort of "dynamism, openness and challenge" you are talking about? (That's the real-life on-campus example you asked for earlier and was cited in Petitioner's brief at page 33.) That scenario

A real-life on-campus example

Chip - One "real-life, on-campus" example is cited at page 33 n.5 of Petitioner's brief -- a Mormon student was not allowed to lead Bible study at the Washburn University CLS chapter. His reaction was to petition (successfully) to get the CLS chapter derecognized. It appears from PACER that CL

RE: Cert. granted in Snyder v. Phelps.

hand, we have outsiders directing a crude and > emotionally disturbing message toward a private religious service. The two > situations are analogous how? > > > -Original Message- > > From: religionlaw-boun...@lists.ucla.edu > > [mailto:religionlaw-boun...@li

RE: Cert. granted in Snyder v. Phelps.

protesting tuition hikes? PLEASE NOTE NEW ADDRESS Eric Rassbach National Litigation Director The Becket Fund for Religious Liberty 3000 K St. NW, Suite 220 Washington, DC 20007 USA +1.202.349.7214 (tel.) +1.202.955.0090 (fax) www.becketfund.org NOTICE:  This e-mail is from a law firm, The Becket Fund

RE: Oregon religious dress law

The legislature's passage of the bill is indeed a great victory for religious liberty. The garb law was one in a series of KKK-inspired anti-Catholic and anti-immigrant statutes enacted during the 20s, including the one that was the occasion for Pierce v Society of Sisters. (The then-Speaker

RE: Is there a parallel between strength of belief and strength ofrelgious f...

On Brad's first question, about whether internationally there is a correlation between belief in God and religious freedom protections in the law, I am not sure that one can make broad generalizations. I am guessing that a lot of people in Saudi Arabia believe in God, but there is essentially

RE: Francis Collins and Acceptable Criticisms

dgment more broadly. Eugene > -Original Message- > From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw- > boun...@lists.ucla.edu] On Behalf Of Eric Rassbach > Sent: Friday, August 07, 2009 3:26 PM > To: Law & Religion issues for Law Academics > S

RE: Francis Collins and Acceptable Criticisms

ed > > for a high government post? Remember, the question isn't whether to > > throw someone in prison for his views about elephants and turtles > > (though in extreme cases, we do lock someone up as insane if we see his > > views as "delusions," for instanc

RE: Francis Collins and Acceptable Criticisms

Isn't one of the lines to draw whether the idea is scientifically testable or not? We can make scientific observations now about whether the world rests upon turtles, but we cannot observe the birth of Christ. Also query whether the "natural order" we've been discussing isn't overly Newtonia

RE: Ireland Charities Act 2009: Regulating the Sale of Catholic'Mass Cards'

ment designation of a preferred authority to resolve the religious question or act for the religion. The fact that is mispresented must be a secular fact, verifiable as true or false in this world. Quoting Eric Rassbach : > > What if the law specified that the "Holy Sacrifice of

RE: Wisconsin convicts parents for denial of medical treatment

This comment appears to imply that Mr. Koven believes that sexual abuse can be justified by religious accommodations. Is that actually Mr. Koven's viewpoint? From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of hamilto...@aol.com Sent: Wednesday, A

RE: Ireland Charities Act 2009: Regulating the Sale of Catholic 'Mass Cards'

What if the law specified that the "Holy Sacrifice of the Mass" was purported to be a "Mass" intended to be celebrated in the "Church"? Would not then the offence simply be a species of fraud, i.e. the shop claimed to be selling the right to have a "Mass" offered in the "Church" but it was ins

RE: The impropriety of religious exemptions to child abuse laws

It would still be interesting to hear Eugene's answer to Roger's hypothetical about religious accommodations. Note that South Africa has a prohibition on male circumcision under 16, with religious and medical exemptions: http://us-cdn.creamermedia.co.za/assets/articles/attachments/02888_childre

RE: A Concrete Example

Not to belabor the issue, but Doug is correct re the FHA, see 42 USC S.3610(g)(2)(C): If the Secretary determines that the matter involves the legality of any State or local zoning or other land use law or ordinance, the Secretary shall immediately refer the matter to the Attorney General for a

RE: A Concrete Example

I would add that most environmental laws are either federal (Clean Air Act, Clean Water Act, etc.) or state (e.g. CEQA). Those laws often interfere with municipal land use decisions in a fairly comprehensive way. There are also many state and federal historic preservation statutes. From: re

RE: still waiting for concrete examples

Don’t they sit in equity every time they rule on a request for injunctive or declaratory relief? And bankruptcy and ERISA claims are all equitable, no? From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of hamilto...@aol.com Sent: Wednesday, June 24

RE: A Concrete Example

I thought everyone would be interested in Prof. Hamilton's op-ed on Barr and Potter, which seems inspired at least in part by the discussion here: http://writ.lp.findlaw.com/hamilton/20090623.html I like Prof. Lund's metaphor because it gets at the point of RFRA, RLUIPA, the state RFRAs, the UDHR

RE: Same-sex marriage and religious exemptions

One version of ENDA that was proposed in 2007 contained significantly narrowed protections for religious entities. The following post from Melissa Rogers does a good job of describing the narrowed protections and many of the related issues. I would add to her thoughts that the narrowed protec

RE: Law.com - 3rd Circuit Rejects Muslim Cop's Bid to Wear ReligiousScarf

This case was poorly litigated. No constitutional claims were raised until the appeal, so the only thing before the court was a Title VII religious discrimination claim, which means that the claim was examined under the "undue hardship" standard rather than strict scrutiny. (The City admitted

RE: Lack of sincerity

ctor. > > An alternative solution that works in some cases is to require the > religious individual who receives an exemption to disgorge the secular > benefit he receives from the accommodation -- something like requiring > a CO to perform alternative service. > > Alan Brownstein >

RE: Can religious and secular courts exist in the same nation?

One family law question: is divorce allowed by arbitration anywhere in the United States? The world? It seems to me that the other difference between entering into a marriage and getting a divorce is that divorce might involve the interests of third parties-children, third-party contractors, e

RE: Court enforcement of contracts, and deciding whether "Protestant" includes Mormons

My guess is that these lawsuits would only very infrequently present themselves as actual theological controversies to a court, since most contract parties who cared to include this sort of provision would know which theological controversies to draft around (e.g. Orthodox Jews would make clear

Defamation of Religion

he standards promoted by the 'defamation of religion' resolutions, when a Muslim states his belief that Jesus was a prophet, but not God incarnate, such statements could also be considered 'defamation' against the Christian faith of many believers." The religious defama

RE: Lack of sincerity

m in front of a different judge, and claim that his beliefs have changed to the point that they are sincere now even if they weren't sincere then; certainly plenty of others could make similar claims. Am I missing something here? Can sincerity be dealt with in a way that makes it a

RE: Religious freedom and 42 USC 666

In Dr. Newdow's challenges to the Pledge of Allegiance (codified at 4 U.S.C. Section 4) he has sued both the United States Congress and the Law Revision Counsel, and has sought an order that the Law Revision Counsel strike the words "under God" from that Section. From: [EMAIL PROTECTED] [mailt

RE: Religious freedom and 42 USC 666

PM To: Law & Religion issues for Law Academics Subject: RE: Religious freedom and 42 USC 666 Perhaps this is indeed so on the facts of this particular case; but I take it in a future case, there might be no tax refund to offset this against, no? Eugene Eric R

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