RE: Contraceptives and gender discrimination

2012-02-16 Thread Alan Brownstein
Tuesday, February 14, 2012 4:30 AM To: Law & Religion issues for Law Academics Subject: Re: Contraceptives and gender discrimination Well, if Alan is right that there is a "substantial burden" every time tax dollars are used by the state on something proscribed by someone's

Re: Contraceptives and gender discrimination

2012-02-15 Thread Ira Lupu
; > -Original Message- > From: conlawprof-boun...@lists.ucla.edu [mailto: > conlawprof-boun...@lists.ucla.edu] On Behalf Of Walsh, Kevin > Sent: Sunday, February 12, 2012 9:11 PM > To: Zietlow, Rebecca E.; Richard Dougherty; Marci Hamilton > Cc: Con Law Prof list > Subject:

RE: Contraceptives and gender discrimination

2012-02-14 Thread Douglas Laycock
list Subject: Re: Contraceptives and gender discrimination This explanation of the bishops' view from the NYT seems revealing of the actual goal: "The bishops will also renew their call for lawmakers to pass the “Respect for Rights of Conscience Act,” which would exempt both insurance

RE: Contraceptives and gender discrimination

2012-02-14 Thread Steve Sanders
ols was in FAIR? If not, why not? _ From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene Sent: Monday, February 13, 2012 11:04 AM To: Law & Religion issues for Law Academics Subject: RE: Contraceptives a

RE: Contraceptives and gender discrimination

2012-02-14 Thread Douglas Laycock
sues for Law Academics; conlawp...@lists.ucla.edu Subject: Re: Contraceptives and gender discrimination Having been accused (perhaps justly) of being a source of dispirit in my earlier posts (about religious institutions' ability to switch to co-religionist hiring, and about measuring the sin

Re: Contraceptives and gender discrimination

2012-02-14 Thread Marty Lederman
u] *On Behalf Of *Ira Lupu > *Sent:* Monday, February 13, 2012 5:50 AM > *To:* Marc DeGirolami > *Cc:* Zietlow, Rebecca E.; Walsh, Kevin; Law & Religion issues for Law > Academics; Con Law Prof list > > *Subject:* Re: Contraceptives and gender discrimination > > ** ** >

RE: Contraceptives and gender discrimination

2012-02-14 Thread Berg, Thomas C.
aw Academics; conlawp...@lists.ucla.edu Subject: Re: Contraceptives and gender discrimination Howard Friedman is correct that the USCCB has extended its concerns to secular employers, who could not take advantage of the Title VII provision permitting religious entities to hire only co-religioni

RE: Contraceptives and gender discrimination

2012-02-14 Thread Volokh, Eugene
ons when possible, no? Or am I misunderstanding what the rule is? Eugene From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marty Lederman Sent: Tuesday, February 14, 2012 4:30 AM To: Law & Religion issues for Law Academics Subject: Re: Contra

RE: Contraceptives and gender discrimination

2012-02-14 Thread Volokh, Eugene
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Steve Sanders Sent: Monday, February 13, 2012 12:51 PM To: 'Law & Religion issues for Law Academics' Subject: RE: Contraceptives and gender discrimination What if a hospital is run by a religious group that believes doctrinal

RE: Contraceptives and gender discrimination

2012-02-14 Thread Friedman, Howard M.
Sent: Mon 2/13/2012 8:49 AM To: Marc DeGirolami Cc: Zietlow, Rebecca E.; Walsh, Kevin; Law & Religion issues for Law Academics; Con Law Prof list Subject: Re: Contraceptives and gender discrimination On the burden question -- Religious entities may limit hiring to co-religionists, and then

RE: Contraceptives and gender discrimination

2012-02-14 Thread Alan Brownstein
s for Law Academics; conlawp...@lists.ucla.edu Subject: Re: Contraceptives and gender discrimination Having been accused (perhaps justly) of being a source of dispirit in my earlier posts (about religious institutions' ability to switch to co-religionist hiring, and about measuring the sincerity

Re: Contraceptives and gender discrimination

2012-02-14 Thread Ira Lupu
religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Ira Lupu > *Sent:* Monday, February 13, 2012 5:17 PM > *To:* Crowley, Donald; Law & Religion issues for Law Academics; > conlawp...@lists.ucla.edu > > *Subject:* Re: Contraceptives and gender discrimination > > *

RE: Contraceptives and gender discrimination

2012-02-14 Thread Steve Sanders
ebruary 13, 2012 10:27 AM To: Law & Religion issues for Law Academics Subject: RE: Contraceptives and gender discrimination I have to admit that as long as we are talking about private resources, I have a hard time understanding the argument that there is no burden on religious institution

RE: Contraceptives and gender discrimination

2012-02-14 Thread Steve Sanders
s.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Alan Brownstein Sent: Monday, February 13, 2012 11:25 AM To: Law & Religion issues for Law Academics Subject: RE: Contraceptives and gender discrimination Any legitimate issue can be manipulated politically. That doesn't stop it from

RE: Contraceptives and gender discrimination

2012-02-14 Thread Scarberry, Mark
lf Of Ira Lupu Sent: Monday, February 13, 2012 6:43 PM To: Law & Religion issues for Law Academics Subject: Re: Contraceptives and gender discrimination When government steps between private parties, there may be distributional consequences of Religion Clause significance (TWA v. Hardison

RE: Contraceptives and gender discrimination

2012-02-14 Thread Friedman, Howard M.
#x27; Cc: 'Law & Religion issues for Law Academics'; 'Con Law Prof list' Subject: RE: Contraceptives and gender discrimination The wars of religion were very much about the locus of religious authority. Men fought for, and men and women died for, the right to have a hierarchical

RE: Contraceptives and gender discrimination

2012-02-14 Thread Alan Brownstein
eligionlaw-boun...@lists.ucla.edu]<mailto:[mailto:religionlaw-boun...@lists.ucla.edu]> On Behalf Of Marty Lederman Sent: Tuesday, February 14, 2012 4:30 AM To: Law & Religion issues for Law Academics Subject: Re: Contraceptives and gender discrimination Well, if Alan is right that there is a "sub

RE: Contraceptives and gender discrimination

2012-02-14 Thread Scarberry, Mark
k Mark S. Scarberry Professor of Law Pepperdine Univ. School of Law From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marty Lederman Sent: Tuesday, February 14, 2012 4:30 AM To: Law & Religion issues for Law Academics Subject: Re: Contraceptives a

RE: Contraceptives and gender discrimination

2012-02-14 Thread Scarberry, Mark
igionlaw-boun...@lists.ucla.edu] On Behalf Of Alan Brownstein Sent: Monday, February 13, 2012 10:27 AM To: Law & Religion issues for Law Academics Subject: RE: Contraceptives and gender discrimination I have to admit that as long as we are talking about private resources, I have a hard time u

RE: Contraceptives and gender discrimination

2012-02-14 Thread Alan Brownstein
ary 13, 2012 12:51 PM To: 'Law & Religion issues for Law Academics' Subject: RE: Contraceptives and gender discrimination What if a hospital is run by a religious group that believes doctrinally and sincerely in not using advanced technology or extraordinary interventions to prolong h

Re: Contraceptives and gender discrimination

2012-02-14 Thread Ira Lupu
help someone obtain an abortion (this despite > the continuing existence of the Hyde Amendment). > > ** ** > > Take Care > > ** ** > > Don > > ** ** > > *From:* conlawprof-boun...@lists.ucla.edu [mailto: > conlawprof-boun...@lists.ucl

RE: Contraceptives and gender discrimination

2012-02-14 Thread Alan Brownstein
un...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Steve Sanders Sent: Monday, February 13, 2012 1:36 PM To: 'Law & Religion issues for Law Academics' Subject: RE: Contraceptives and gender discrimination Alan, I'm not denying the sincerity of those who

RE: Contraceptives and gender discrimination

2012-02-14 Thread Alan Brownstein
f list Subject: Re: Contraceptives and gender discrimination On the burden question -- Religious entities may limit hiring to co-religionists, and then make their best efforts to enforce religious norms against employees. Doesn't that option make the burden of the HHS policy far less subs

RE: Contraceptives and gender discrimination

2012-02-13 Thread Volokh, Eugene
ugene Sent: Monday, February 13, 2012 11:04 AM To: Law & Religion issues for Law Academics Subject: RE: Contraceptives and gender discrimination Isn't there a difference here between (1) accepting specific subsidies ("federal funds") that the government insists be used f

Re: Contraceptives and gender discrimination

2012-02-13 Thread Ira Lupu
iginal Message- > From: religionlaw-boun...@lists.ucla.edu on behalf of Ira Lupu > Sent: Mon 2/13/2012 8:49 AM > To: Marc DeGirolami > Cc: Zietlow, Rebecca E.; Walsh, Kevin; Law & Religion issues for Law > Academics; Con Law Prof list > Subject: Re: Contraceptives and gender