Re: Johnson Amendment E.O.

2017-05-09 Thread Michael Peabody
the 501(c)(3) non-profit framework altogether, wouldn't the tax exemption of churches survive separately under pre-existing American notions of church-state separation? Michael Peabody On Tue, May 9, 2017 at 9:36 AM, Berg, Thomas C. <tcb...@stthomas.edu> wrote: > I personally

RE: Trinity Lutheran and the ERISA cases - Do Churches Want Special Treatment or Not?

2017-04-21 Thread Michael Peabody
xisting wedding services cases involving small businesses, it would seem that churches ought to be wary of what is lurking on the horizon if Trinity wins. Thank you for the very informative and thoughtful points and discussion. Michael Peabody, Esq. President, Founders First Freedom On Apr 21,

RE: Trinity Lutheran and the ERISA cases - Do Churches Want Special Treatment or Not?

2017-04-20 Thread Michael Peabody
manner really present itself on an equal footing with secular non-profits when applying for state grants, or does the religious institution's discriminatory bent need to be taken into account when a state is dispensing limited state grants funds? Michael Peabody, Esq President, Founders First

Trinity Lutheran and the ERISA cases - Do Churches Want Special Treatment or Not?

2017-04-20 Thread Michael Peabody
be treated the same as other non-profits and be required to open their facilities to all, or will they then be able to assert the protection of church-state separation? Michael Peabody, Esq. President, Founders First Freedom foundersfirstfreedom.org ___ To

Law Student Writing Competition to focus on Trinity Lutheran v. Pauley

2017-01-30 Thread Michael Peabody
udges. We will be posting a PDF "flyer" suitable for printing and distribution in the next couple of days. Michael Peabody, Esq. President Founders First Freedom FoundersFirstFreedom.org *2017 Founders First Freedom Law Student Writing Competition* Founders First Freedom is pleased to a

Is California's proposed "Equity in Higher Education Act" SB 1146 constitutional?

2016-06-28 Thread Michael Peabody
with that exemption? Thanks! Michael Peabody, Esq. ReligiousLiberty.TV ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Pleas

CRST v. EEOC - reasonable balance or chilling effect on Title VII plaintiffs?

2016-05-19 Thread Michael Peabody
oughts on the long-term effect on this decision on future Title VII cases. Michael Peabody, Esq. http://www.religiousliberty.tv ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucl

Re: Zubik - Remanded

2016-05-16 Thread Michael Peabody
arties grace to give it one more chance. Maybe I'm overly optimistic, but I am hopeful that both sides will seriously consider this an opportunity for working together rather than a hindrance to a complete binary "victory." Michael Peabody, Esq. ReligiousLiberty.TV (My blog on to

Re: Trinity Lutheran Church - will churches have to extend "equal protection" to all when it comes to use?

2016-05-05 Thread Michael Peabody
ches, but churches may discriminate in the use of the same funding." I don't think the churches have thought this out very well in advance - like the Biblical Esau they could be selling control of their facilities for a bowl of porridge. Michael Peabody, Esq. ReligiousLiberty.TV _

Re: Arizona, Indiana . . . and now Georgia

2016-03-28 Thread Michael Peabody
t be made to attempt to to try to accommodate them. These kinds of situations normally won't make the headlines, but it is at the heart of why RFRA matters. Michael Peabody, Esq. Editor ReligiousLiberty.TV http://www.religiousliberty.tv On Mon, Mar 28, 2016 at 2:50 PM, Michael Worley <mwor...

Re: 501c3 and Donald Trump

2016-03-25 Thread Michael Peabody
atement regarding issue X is incorrect because of Y." Michael Peabody, Esq. Editor ReligiousLiberty.TV <--- Not a non-profit On Thu, Mar 24, 2016 at 9:44 PM, Friedman, Howard M. <howard.fried...@utoledo.edu> wrote: > Some of Donald Trump's anti-Muslim statements and some of his stateme

Re: Zubik / Little Sisters - testing the scope via a hypothetical

2016-03-22 Thread Michael Peabody
he greater political realities of what will happen next - that winning this battle could lead to losing the war. That's why I am trying to come up with a hypothetical that could explore the farthest contours of a potential ruling in favor of the petitioners in Zubik. Michael Peabody Reli

Re: Zubik / Little Sisters - testing the scope via a hypothetical

2016-03-21 Thread Michael Peabody
aul.finkel...@yahoo.com <paul.finkel...@yahoo.com>c) 518.605.0296 > <518.605.0296>* > and > *Senior Fellow* > > *Democracy, Citizenship and Constitutionalism Program* > *University of Pennsylvania* > > > > > > Call > Send SMS > Ca

Zubik / Little Sisters - testing the scope via a hypothetical

2016-03-21 Thread Michael Peabody
a finding for the petitioners in these cases permit this and similar scenarios? Is there a better hypothetical? Thanks! Michael Peabody, Esq. ReligiousLiberty.TV http://www.religiousliberty.tv ___ To post, send message to Religionlaw@lists.ucla.edu To

RE: The Establishment Clause question in the Trinity Lutheran case

2016-01-26 Thread Michael Peabody
One other question/concern: If churches claim they are bring discriminated against in distribution of state funds, are those churches free to facilities procured or enhanced by those funds in a discriminatory manner by blocking access to others they disagree with for purely religious reasons? In

RE: The Establishment Clause question in the Trinity Lutheran case

2016-01-22 Thread Michael Peabody
stablishment Clause violation)? Or are there "low level" religious practices like having a playground "ministry" that don't quite violate the Establishment Clause but do significantly affect the Free Exercise of Religion? Michael Peabody, Esq. ReligiousLiberty.TV (For what i

Is the Kim Davis an accommodation issue or a Roy Moore issue?

2015-09-10 Thread Michael Peabody
ich is more akin to what Alabama Supreme Court Justice Roy Moore attempted to do when he refused to allow a Ten Commandments monument to be removed from the Alabama State Judiciary despite the imposition of a Federal order rather than a simple individual request of a count

Re: Is the Kim Davis an accommodation issue or a Roy Moore issue?

2015-09-10 Thread Michael Peabody
to public officials who force their offices to comply with their own religious directives as an expression of their faith. Michael Peabody ReligiousLiberty.TV http://www.religiousliberty.tv On Thu, Sep 10, 2015 at 2:58 PM, Michael Peabody <mich...@californialaw.org> wrote: > In reviewing

Re: Abercrombie Fitch

2015-06-03 Thread Michael Peabody
analysis to free exercise cases nationwide or is Abercrombie a fluke? Michael Peabody, Esq. Editor http://www.ReligiousLiberty.TV ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http

Re: By the power vested in me . . . ?

2015-05-27 Thread Michael Peabody
and those of the rest of us mortals. Michael Peabody, Esq. http://www.religiousliberty.tv ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo

If the Court rules for states rights, could Prop 8 be reinstated?

2015-05-01 Thread Michael Peabody
likewise disappear? Michael Peabody, Esq. ReligiousLiberty.TV ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please

Is it possible that rights of both same-sex couples and vendors who object on religious grounds could be protected?

2014-10-09 Thread Michael Peabody
Greetings, Please forgive me if this has been addressed before, but I have been wondering if the Supreme Court could be working to protect both the emerging right of same-sex couples to marry and the rights of wedding vendors who oppose same-sex marriage on religious grounds. On one hand, this

How Far Does Hobby Lobby Decision Potentially Reach?

2014-07-02 Thread Michael Peabody
), and I'm wondering if Hobby Lobby will be used the same way. Any thoughts would be greatly appreciated. Michael Peabody, Esq. Editor ReligiousLiberty.TV ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options

Re: How Far Does Hobby Lobby Decision Potentially Reach?

2014-07-02 Thread Michael Peabody
Thanks Jean - I was trying to avoid getting into a discussion as to the particulars of the contraception (which is the vehicle for this particular case) by relying on Justice Alito's statement on page 9, footnote 7, which dismissed the dispute over what the drugs actually do (distinguishing

United Church of Christ v. North Carolina - same-sex marriage

2014-04-29 Thread Michael Peabody
(and the clergy who want to marry them) the right to participate fully in the sacraments of their religion. Is there any way that NC's Amendment One can survive this litigation? What arguments could possibly be used to defeat UCC that aren't completely frightening? Michael Peabody Editor http

Re: letter opposing Mississippi RFRA

2014-03-11 Thread Michael Peabody
exercise rights which are protected under the existing state RFRAs. In many ways, RFRAs for individuals (not businesses) are the guardians of individual rights to free exercise of religion. Michael Peabody, Esq. ReligiousLiberty.TV ___ To post, send

Subject: Re: Kansas/Arizona statutes protecting for-profit businesses

2014-02-25 Thread Michael Peabody
After reading the legislation, it's amazing how broadly it is drafted. It would seem to not only include permitting discrimination on the basis of sexual orientation or marital status, but also on the basis of religion. It would make it very easy for any business with a religious inkling to

Ministerial Housing Allowance Ruled Unconstitutional

2013-11-28 Thread Michael Peabody
wondering if you'd be willing to look into your crystal ball and predict the fate of the ministerial tax-free housing allowance. Thanks! Michael Peabody, Esq. Editor - ReligiousLiberty.TV http://www.religiousliberty.tv ___ To post, send message