Re: Johnson Amendment E.O.

2017-05-04 Thread Saperstein, David
But he didn't need an EO to instruct his Secretaries. Sent from my iPhone On May 4, 2017, at 2:50 PM, Laycock, H Douglas (hdl5c) > wrote: Agreed. There is nothing of substance here. Maybe more from the agencies down the road. Douglas Laycock

Re: Religious objections to deportation policies

2017-03-28 Thread Saperstein, David
I presume there would have to be actual government action against the congregation first and then a RFRA defense would be appropriate..like the wash D.C. case where it worked to maintain a feeding program. Sent from my iPhone On Mar 28, 2017, at 7:54 AM,

Re: Bishop John Hughes, Protestant Public Schools in New York, and Political Activity by Clergy

2014-12-25 Thread Saperstein, David
Paul and Mark's posts raise fascinating historical insights. As some of you know, I have been working on a book for a while on the use of religion in American elections, so any interesting historical examples you come across like this, I would greatly appreciate being sent . But as to the

Re: Letter of 16 law professors in support of removing substantial as modifier of burden in state RFRAs

2013-12-02 Thread Saperstein, David
Just FY (forgive me if I missed an earlier reference)I believe there is such a bill in Wisconsin as well ? Sent from my iPhone On Dec 2, 2013, at 10:18 AM, hamilto...@aol.commailto:hamilto...@aol.com hamilto...@aol.commailto:hamilto...@aol.com wrote: Thanks, Doug. The letter in support

Re: The Establishment Clause, burden on others, the employer mandate, and the draft

2013-12-02 Thread Saperstein, David
And you'll be relieved to know that it was only a coincidence that seminary applications sky-rocketed beginning around 67. Sent from my iPhone On Dec 2, 2013, at 4:04 PM, Marc Stern ste...@ajc.orgmailto:ste...@ajc.org wrote: There was also an exemption for divinity students. From:

Re: 1764 Rhode Island incest law exemption for uncle-niece marriages among Jews

2013-10-15 Thread Saperstein, David
Is this exemption constitutional after Kiryas Joel? Sent from my iPhone On Oct 16, 2013, at 1:51 AM, Douglas Laycock dlayc...@virginia.edu wrote: Still on the books today, after the 2013 same-sex marriage legislation. On Tue, 15 Oct 2013 23:03:04 + (UTC) Len campquest...@comcast.net

Re: Contraception mandate

2013-08-01 Thread Saperstein, David
Sent from my iPhone On Aug 1, 2013, at 4:06 PM, Marci Hamilton hamilto...@aol.commailto:hamilto...@aol.com wrote: I think it is critically important to remember that RLPA was rejected categorically by the members as much too broad. The history w respect to anything other than land use and

Re: you in today?

2012-03-08 Thread Saperstein, David
No prob Sent from my iPhone On Mar 8, 2012, at 9:17 AM, Marty Lederman lederman.ma...@gmail.commailto:lederman.ma...@gmail.com wrote: sorry about that -- wrong address! On Thu, Mar 8, 2012 at 9:01 AM, Marty Lederman lederman.ma...@gmail.commailto:lederman.ma...@gmail.com wrote: I had a

RE: Basketball tournaments on the Sabbath

2012-03-04 Thread Saperstein, David
H.. Take off for the Jewish Sabbath and see what you miss - even on the religion law listserve. Must be a good lawsuit in this somewhere, but I leave it to Stern to figure out :) Just an historical footnote Alan: The Puritans observed the Sabbath from sundown Saturday until sundown

Re: National Religious Freedom Moot Court Competition

2011-11-02 Thread Saperstein, David
Impressive...as always Sent from my iPhone On Nov 2, 2011, at 2:14 PM, Ira Lupu icl...@law.gwu.edumailto:icl...@law.gwu.edu wrote: The student organizers (from the GW chapter of the J. Reuben Clark Law Society), Bob Tuttle, and I want to call your attention to the details of this year's

Re: The religious exemptions in the new NY same-sex marriage law

2011-06-26 Thread Saperstein, David
Marty, Are you suggesting there is no religious tenet component to the title Vii exemption? It is just on religious identity? And if a tenet component? How does it apply to this question? David Sent from my iPhone On Jun 26, 2011, at 2:24 PM, Marty Lederman

RE: Americans United: Iowa Supreme Court RulingOnMarriageUpholdsReligious Liberty, Says Americans United

2009-04-04 Thread Saperstein, David (RAC)
Alan is factually right about his perception. The polls have consistently shown that if you phrase a question about gay marriage with a religious liberty guarantee protecting churches the pro-gay marriage cohort jumps by 14% (from 29-43% of those polled). Most come from the 33% of support

RE: Sending Good News Club Fliers Home With Students

2008-12-03 Thread Saperstein, David (RAC)
Or folks can urge the Obama Education Department to update and reissue the religious guidelines that for several years the Clinton administration sent out widely across the country - guidelines based on the consensus views of a coalition representing a broad range of viewpoints on church-state

RE: A plea for keeping things precise (and providing citations whenever possible)

2008-07-22 Thread Saperstein, David (RAC)
One could argue that this is a classic example of the post hoc ergo propter hoc fallacy, if of course, one were inclined to make such arguments. From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene Sent: Tuesday, July 22, 2008 5:09 PM To:

N.Y. court to rule on dispute between warring Chabad wings - Haaretz - Israel News

2008-01-18 Thread Saperstein, David (RAC)
Not been a good week for Chabad. First, after one of its prominent rabbis in Israeli calls for Prime Minister Olmert and other leading politicians supporting a piece process to be lynched, there are calls to end its special status as a provider of religious services within the army and other

RE: A new religion and custody case

2008-01-06 Thread Saperstein, David (RAC)
forget the specifics of this for a moment. I want to address whether religion can ever be a factor of consideration for a court. If it would be appropriate, as courts do regularly to take into consideration consistency in a child's life in determining a child's best interest, why not

RE: Recent Threads / True Mental Health...

2007-09-09 Thread Saperstein, David \(RAC\)
Amen From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of W. A. Wildhack III Sent: Sunday, September 09, 2007 2:43 AM To: 'Law Religion issues for Law Academics' Subject: RE: Recent Threads / True Mental Health...

RE: EC Compelling Interest

2007-07-23 Thread Saperstein, David \(RAC\)
I would assume that the area of EC issues that is most tempting to think of in terms of compelling interest has to do with government expenditures not speech. If e.g. studies actually showed that religious based substance treatment programs were decisively more effective than non-religious

RE: looming issues/cases in religious liberty

2007-01-14 Thread Saperstein, David \(RAC\)
Kevin, Eugene and Ed offer good answers. I would suggest another that I think is even more pervasive and politically explosive. Under the Civil Rights Act, the religious exemption for hiring is significantly in play. To what degree and under what circumstances can religious groups

RE: FW: 75% of Minneapolis airport taxis refusecustomerswithalco hol

2006-10-03 Thread Saperstein, David \(RAC\)
Because of the Sabbath and Yom Kippur, I am just catching up with the threads of the past few days. I wanted to add a note to the discussion about the Muslim taxi drivers. There was a lot flying and I can't find the original posting describing exactly the system of color coded cabs, so forgive me

RE: Halacha and Beit Din litigation

2006-07-05 Thread Saperstein, David \(RAC\)
Bit of a strange posting for this listserv. In any case, you might try being in touch with Aaron Levine at Yeshiva University, Economics Department, who has written extensively in English on related subjects ([EMAIL PROTECTED]). (His books will provide a basic primer.) He will certainly

RE: Re: Christian Skating Time

2006-07-03 Thread Saperstein, David \(RAC\)
I remain confused as to the facts. Did they actually try to exclude people based on religious identity? I assume that would be a clear violation of the NY law. It just isn't clear to me why a Christian skating night open to everyone violates the law as it is worded. If they wanted to hold a