RE: Hostility vs. feeling that certain people shouldn't marry each other

2016-10-12 Thread Laycock, H Douglas (hdl5c)
onlaw-boun...@lists.ucla.edu] On Behalf Of Eric J Segall Sent: Wednesday, October 12, 2016 4:05 PM To: Law & Religion issues for Law Academics Subject: Re: Hostility vs. feeling that certain people shouldn't marry each other I'm not sure it is that easy Doug because often the differe

Re: Hostility vs. feeling that certain people shouldn't marry each other

2016-10-12 Thread Eric J Segall
I'm not sure it is that easy Doug because often the difference between a disparate impact and disparate treatment case turns on the motives/intent of the decision-makers. Mark, it is true that many of us feel that, in the context of the current debates over SSM, hostility to allowing gay

FW: Hostility vs. feeling that certain people shouldn't marry each other

2016-10-12 Thread Laycock, H Douglas (hdl5c)
Academics mailto:religionlaw@lists.ucla.edu>> Subject: Re: Hostility vs. feeling that certain people shouldn't marry each other I am not sure I understand your Equal Protection point. There is a huge difference (according to the Court) between a state adopting a veterans preference program

Re: Hostility vs. feeling that certain people shouldn't marry each other

2016-10-12 Thread Mark Scarberry
  _ From: Volokh, Eugene Sent: Wednesday, October 12, 2016 11:31 AM Subject: Hostility vs. feeling that certain people shouldn't marry each other To: Law & Religion issues for Law Academics    Well, both the Equal Protection Clause jurispru

Re: Hostility vs. feeling that certain people shouldn't marry each other

2016-10-12 Thread Eric J Segall
I am not sure I understand your Equal Protection point. There is a huge difference (according to the Court) between a state adopting a veterans preference program in the 1970's knowing 99% of the benefits will go to men and doing it because of hostility to women in the military. One is

Hostility vs. feeling that certain people shouldn't marry each other

2016-10-12 Thread Volokh, Eugene
zen's discriminatory actions were "at bottom" based on "hostility" or rather based on "no objection to [people's identity]" but rather a "feel[ing]" that people of certain identities shouldn't do something. And I think we basically don't do tha

RE: Religious Hostility--Folding Jesus Under

2005-11-04 Thread Rick Duncan
for Law AcademicsSubject: RE: Religious Hostility--Folding Jesus Under Ed; When you say the courts usually protect student religious speech, even when it is part of the curriculum, what cases do you have in mind?   RickEd Brayton <[EMAIL PROTECTED]> wrote: Flashback to the year

RE: Religious Hostility--Folding Jesus Under

2005-11-04 Thread Ed Brayton
AcademicsSubject: RE: Religious Hostility--Folding Jesus Under Ed; When you say the courts usually protect student religious speech, even when it is part of the curriculum, what cases do you have in mind?   RickEd Brayton <[EMAIL PROTECTED]> wrote: Flashback to the y

RE: Alito Views SCOTUS Doctrine as Giving Impression of Hostility to Religious Expression

2005-11-04 Thread Berg, Thomas C.
aw Academics' Subject: RE: Alito Views SCOTUS Doctrine as Giving Impression of Hostility to Religious Expression The Ninth Circuit has the impression that the Supreme Court's precedents require discrimination against the religious speech of students. In Doe v. Madison School District (for which

RE: Religious Hostility--Folding Jesus Under

2005-11-04 Thread Rick Duncan
Ed; When you say the courts usually protect student religious speech, even when it is part of the curriculum, what cases do you have in mind?   RickEd Brayton <[EMAIL PROTECTED]> wrote: Flashback to the year 2000. Antonio Peck, a kindergarten student in theBaldwinsville, N.Y., school district, hand

RE: Religious Hostility--Folding Jesus Under

2005-11-04 Thread Ed Brayton
Flashback to the year 2000. Antonio Peck, a kindergarten student in the Baldwinsville, N.Y., school district, handed in a poster about "saving the environment" that included an image of Jesus. The principal decided that the school would hang the poster - but fold Jesus under so he couldn't be seen.

Religious Hostility--Folding Jesus Under

2005-11-04 Thread Rick Duncan
Here is another great example, from Charles Haynes and the First Amendment Center, about religious hostility in the public schools:     "I did not make this up. Truth really is stranger than fiction — especially when the story involves religion and public schools.   Flashback to the year

RE: Alito Views SCOTUS Doctrine as Giving Impression of Hostility to Religious Expression

2005-11-04 Thread Scarberry, Mark
erest justifying what would otherwise be a violation of the Free Speech Clause (rather than that compliance with the Free Speech Clause is an adequate justification for what would otherwise be a violation of the Establishment Clause). My guess is that if Alito did say that the Court's

Re: Alito v. the Grinch: Was Hostility Thread

2005-11-04 Thread Brad M Pardee
Marci wrote: It's a great time to have a debate about whether this is a country that believes in inclusion and respect for all beliefs or the imposition on all of a particular religious group's views.  If Alito's nomination spurs that kind of debate, it's good for everyone. Marci, The only proble

Re: Alito v. the Grinch: Was Hostility Thread

2005-11-04 Thread Rick Duncan
s an America in which nativity scenes are permitted in public parks and schoolchildren are permitted to pledge allegiance to one Nation under God."   If the argument against Alito is "Bah, humbug," Alito wins.   Cheers, Rick Duncan   [EMAIL PROTECTED] wrote: The problem with this d

RE: Alito Views SCOTUS Doctrine as Giving Impression of Hostility to Religious Expression

2005-11-04 Thread Ed Brayton
Title: Message -Original Message-From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On Behalf Of Francis BeckwithSent: Friday, November 04, 2005 9:21 AMTo: Law & Religion issues for Law AcademicsSubject: Re: Alito Views SCOTUS Doctrine as Giving Impression of Hostility to Relig

Re: Alito Views SCOTUS Doctrine as Giving Impression of Hostility to Religious Expression

2005-11-04 Thread Francis Beckwith
Title: Re: Alito Views SCOTUS Doctrine as Giving Impression of Hostility to Religious Expression Touche’ Steve. I guess “not to be nitpicky” is like “with all due respect.” :-) Take care, Frank On 11/4/05 8:50 AM, "Steven Jamar" <[EMAIL PROTECTED]> wrote: For not wanting t

Re: Alito v. the Grinch: Was Hostility Thread

2005-11-04 Thread hamilton02
The problem with this debate is that those arguing for "hostility to religion," mean "hostiltity toward their religion, Christianity."  O'Connor's endorsement test is sensitive to those who are religious (or not) and are not in the favored majority.  So her test in f

Alito v. the Grinch: Was Hostility Thread

2005-11-04 Thread Rick Duncan
Whatever the constitutional cognoscenti believe about the Court's EC jurisprudence and religious hostility, many ordinary citizens reasonably view this body of law (including O'C's endorsement test) as hostile toward religion. I don't think Alito's opponents want to fi

Re: Alito Views SCOTUS Doctrine as Giving Impression of Hostility to Religious Expression

2005-11-04 Thread Steven Jamar
different to create a different impression.But Alito is, it seems to me, more likely to be simply trying to avoid accusing the sitting justices of subjective hostility while conveying the message that he thinks their decisions have been wrong and have had a hostile effect.  A position touted on this list

Re: Alito Views SCOTUS Doctrine as Giving Impression of Hostility to Religious Expression

2005-11-04 Thread Francis Beckwith
Title: Re: Alito Views SCOTUS Doctrine as Giving Impression of Hostility to Religious Expression I don’t want to be too picky here, but Alito is saying “impression of hostility,” not necessarily “hostility.”  So, in a sense, he does not disagree with Marty.  Alito says “impression,” and Marty

Alito Views SCOTUS Doctrine as Giving Impression of Hostility to Religious Expression

2005-11-04 Thread Marty Lederman
http://www.nytimes.com/2005/11/04/politics/politicsspecial1/04confirm.html   Alito believes that the Court's doctrine "really gives the impression of hostility to religious speech and religious _expression_" and that "the court had erred by going too far in prohibiting go

RE: Hostility

2005-08-29 Thread Berg, Thomas C.
stein [mailto:[EMAIL PROTECTED] Sent: Sun 8/28/2005 4:58 PM To: Law & Religion issues for Law Academics Subject: RE: Hostility I understand Rick's commitment to vouchers and appreciate the fact that some Christian teachers will find teaching more fulfilling if they are employed by a pr

Re: Hostility

2005-08-29 Thread Richard Dougherty
Well, I thought I was actually avoiding the political problem you address here. My suggestion was not that the government provide subsidies to religious schools; that is the voucher system I was not talking about, and am not really in favor of. If by subsidy you mean not compelling parents to

Re: Hostility

2005-08-29 Thread JMHACLJ
In a message dated 8/29/2005 6:46:25 A.M. Eastern Standard Time, [EMAIL PROTECTED] writes: How does government subsidy of religious schools that discriminate in hiring and indoctrinate students in particular religious beliefs avoid 1A issues? Because taxpayer funding of schools necessa

Re: Hostility

2005-08-29 Thread Steven Jamar
Why should anyone be exempt from paying for public education?  If Christians don't need to pay for it, why should people without school-age children?  Why not just get rid of public education and mandatory schooling entirely?  Isn't that the libertarian position you are really advocating Richard?Ho

RE: Hostility

2005-08-28 Thread Richard Dougherty
Alan: I understand amd appreciate your frustration on this issue. I'm not sure, though, if you are expressing concern about a constitutional point or a public policy point, or both. Many believers, of course, think that they are being excluded from public schools because of their own religiou

RE: Hostility

2005-08-28 Thread A.E. Brownstein
I understand Rick's commitment to vouchers and appreciate the fact that some Christian teachers will find teaching more fulfilling if they are employed by a private religious school. But I am disappointed and frustrated by his suggestion that a voucher program pursuant to which half of all fami

RE: Hostility

2005-08-26 Thread Rick Duncan
gt; >private-school vouchers.> >> >My sense is that t! here isn't empirical evidence to support these warnings.> >But I'd be interested to know of any.> >> >Tom Berg> >University of St. Thomas School of Law (Minneapolis)> >> >>

RE: Hostility

2005-08-25 Thread Newsom Michael
, 2005 1:19 PM To: Law & Religion issues for Law Academics Subject: RE: Hostility   Michael Newsom wrote: The relevant question is whether students at religious schools that proselytize socialize less well than others.  Inner city Catholic schools do not proselytize their non-Catholic stud

RE: Hostility

2005-08-25 Thread A.E. Brownstein
gt; >My sense is that there isn't empirical evidence to support these warnings. >But I'd be interested to know of any. > >Tom Berg >University of St. Thomas School of Law (Minneapolis) > > > _ > >From: Newsom Mich! ael [mailto:[EMAIL PROTECTED] >Sent: W

RE: Hostility

2005-08-25 Thread Marc Stern
25, 2005 3:02 PM To: Law & Religion issues for Law Academics Subject: RE: Hostility It'll take me a while to respond to some of these points, but let me quickly pick up on the last one. I do think that it is unfortunate that many people -- even some judges -- tend to view Religion Clause

RE: Hostility

2005-08-25 Thread Berg, Thomas C.
those efforts, obviously, but I expect it will reduce them. Tom Berg _ From: A.E. Brownstein [mailto:[EMAIL PROTECTED] Sent: Thu 8/25/2005 12:04 PM To: Law & Religion issues for Law Academics Subject: RE: Hostility I think "religious apartheid" and "religious f

RE: Hostility

2005-08-25 Thread Rick Duncan
ools in the public system rather than>private-school vouchers.>>My sense is that there isn't empirical evidence to support these warnings.>But I'd be interested to know of any.>>Tom Berg>University of St. Thomas School of Law (Minneapolis)>>> _>>From

RE: Hostility

2005-08-25 Thread Rick Garnett
IL PROTECTED] [ mailto:[EMAIL PROTECTED]] On Behalf Of Berg, Thomas C. Sent: Wednesday, August 24, 2005 8:22 PM To: Law & Religion issues for Law Academics Subject: RE: Hostility   Is the "religious apartheid" worry (or "fragmentation" as Alan calls it) based on any empirical

RE: Hostility

2005-08-25 Thread Brad M Pardee
Michael Newsom wrote: The relevant question is whether students at religious schools that proselytize socialize less well than others.  Inner city Catholic schools do not proselytize their non-Catholic students.  The fact of racial and religious tension in all too many public schools is a given.  

RE: Hostility

2005-08-25 Thread A.E. Brownstein
gs. But I'd be interested to know of any. Tom Berg University of St. Thomas School of Law (Minneapolis) _ From: Newsom Michael [mailto:[EMAIL PROTECTED] Sent: Wed 8/24/2005 6:28 PM To: Law & Religion issues for Law Academics Subject: RE: Hostility See my comments interlineated be

RE: Hostility

2005-08-25 Thread Newsom Michael
Title: RE: Hostility See my comments interlineated below.        -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Berg, Thomas C. Sent: Wednesday, August 24, 2005 8:22 PM To: Law & Religion issues for Law Academics Subject: RE: Hosti

RE: Hostility

2005-08-25 Thread Berg, Thomas C.
Brownstein [mailto:[EMAIL PROTECTED] Sent: Tue 8/23/2005 5:09 PM To: Law & Religion issues for Law Academics Subject: RE: Hostility I appreciate the power of Tom's argument (and his caveat at the end.) I offer three modest responses. First, I recognize that schools taught the "cons

RE: Hostility

2005-08-24 Thread Rick Duncan
Tom and others: If we had real school choice I don't know for sure how many people of faith would choose private schools, but I suspect a lot would. Let me tell you a true story.   A few years ago I was asked to speak to a "young parents" Sunday School class at one of the largest evangelical church

RE: Hostility

2005-08-24 Thread Berg, Thomas C.
isn't empirical evidence to support these warnings. But I'd be interested to know of any. Tom Berg University of St. Thomas School of Law (Minneapolis) _ From: Newsom Michael [mailto:[EMAIL PROTECTED] Sent: Wed 8/24/2005 6:28 PM To: Law & Religion issues for Law Aca

RE: Hostility

2005-08-24 Thread Newsom Michael
Title: RE: Hostility See my comments interlineated below.   -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Berg, Thomas C. Sent: Wednesday, August 24, 2005 3:18 PM To: Law & Religion issues for Law Academics Subject: RE: Hostility  

RE: Hostility

2005-08-24 Thread A.E. Brownstein
gt;>We can argue over whether addressing this through school choice comes at too >>high a social price, but it seems to me that to deny there is a problem >>reflects just a lack of sympathy with those pervasively religious people, in >>the moral philosophy sense of putting

RE: Hostility

2005-08-24 Thread A.E. Brownstein
_ From: A.E. Brownstein [mailto:[EMAIL PROTECTED] Sent: Tue 8/23/2005 5:09 PM To: Law & Religion issues for Law Academics Subject: RE: Hostility I appreciate the power of Tom's argument (and his caveat at the end.) I offer three modest responses. First, I recognize that schools taught t

RE: Hostility

2005-08-24 Thread Berg, Thomas C.
want to join. Tom Berg University of St. Thomas School of Law (Minnesota) _ From: Newsom Michael [mailto:[EMAIL PROTECTED] Sent: Wed 8/24/2005 12:54 PM To: Law & Religion issues for Law Academics Subject: RE: Hostility The "common ground" necessary to maintain the American

RE: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-24 Thread Frankie Beckwith
Church-State Studies, Baylor University <[EMAIL PROTECTED]> <http://francisbeckwith.com> Title: Re: Findings on Hostility at Smithsonian Noted in NRO Article Example:  Evolution should not be taught because Genesis (at least in the view of some, certainly not including me) teac

RE: Hostility

2005-08-24 Thread Newsom Michael
- From: Berg, Thomas C. [mailto:[EMAIL PROTECTED] Sent: Wednesday, August 24, 2005 12:32 PM To: Law & Religion issues for Law Academics Subject: RE: Hostility This is an interesting and effective response to my challenge. But I wonder: 1. Whether a golden age as short as the one to whi

RE: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-24 Thread Newsom Michael
Title: Re: Findings on Hostility at Smithsonian Noted in NRO Article Example:  Evolution should not be taught because Genesis (at least in the view of some, certainly not including me) teaches otherwise.  (Alternatively, students should be discouraged from learning about evolution

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-24 Thread Francis Beckwith
Title: Re: Findings on Hostility at Smithsonian Noted in NRO Article What would be an example of “values” trumping science? Now, I’ve read articles and books in which authors offer arguments as to why certain scientific experiments and research are unethical.  Because of these suggested

RE: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-24 Thread Newsom Michael
: religionlaw@lists.ucla.edu Subject: Re: Findings on Hostility at Smithsonian Noted in NRO Article   In a message dated 8/23/2005 3:51:26 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: The facts are what they are.  Many American students have been driven away from the natural sciences

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-24 Thread JMHACLJ
In a message dated 8/23/2005 11:21:48 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: The accusation that he was antagonistic to religion was and remains patently false.  The fact of the matter was that the kid had made no demonstration of the academic horsepower required, and I

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-24 Thread JMHACLJ
In a message dated 8/23/2005 7:36:13 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: In 2003 the Justice Department investigated a report of religious discrimination at Texas Tech University, where a popular and tough biology professor required students to pass his classes in bi

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-24 Thread JMHACLJ
In a message dated 8/23/2005 3:51:26 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: The facts are what they are.  Many American students have been drivenaway from the natural sciences because of the overreaching of somereligionists. But you didn't say that at all:  you said th

RE: Hostility

2005-08-23 Thread Richard Dougherty
argue over whether addressing this through school choice comes at too >>high a social price, but it seems to me that to deny there is a problem >>reflects just a lack of sympathy with those pervasively religious people, in >>the moral philosophy sense of putting oneself in the o

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-23 Thread Ed Darrell
MAIL PROTECTED] Sent: Tuesday, August 23, 2005 4:41 PMTo: 'Law & Religion issues for Law Academics'Subject: RE: Findings on Hostility at Smithsonian Noted in NRO ArticleUnfortunately, it seems likely that many students who are religious havebeen driven away from the sciences (in particu

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-23 Thread Francis Beckwith
Title: Re: Findings on Hostility at Smithsonian Noted in NRO Article Although I defend (and defended at the time) the professor’s academic freedom to be discretionary in writing letters of recommendation, I don’t think that Ed’s depiction of what actually happened is completely accurate.   The

RE: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-23 Thread Scarberry, Mark
of Law   -Original Message- From: Ed Darrell [mailto:[EMAIL PROTECTED] Sent: Tuesday, August 23, 2005 4:35 PM To: Law & Religion issues for Law Academics Subject: RE: Findings on Hostility at Smithsonian Noted in NRO Article   In 2003 the Justice Department investigated a repor

RE: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-23 Thread Ed Darrell
beginning of the NYT article was driven away from the natural sciences.-Original Message-From: Scarberry, Mark [mailto:[EMAIL PROTECTED] Sent: Tuesday, August 23, 2005 4:41 PMTo: 'Law & Religion issues for Law Academics'Subject: RE: Findings on Hostility at Smithsonian Noted i

RE: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-23 Thread Newsom Michael
ences. -Original Message- From: Scarberry, Mark [mailto:[EMAIL PROTECTED] Sent: Tuesday, August 23, 2005 4:41 PM To: 'Law & Religion issues for Law Academics' Subject: RE: Findings on Hostility at Smithsonian Noted in NRO Article Unfortunately, it seems likely that many students who are

RE: Hostility

2005-08-23 Thread A.E. Brownstein
attribute to Alan such a lack of sympathy). Tom Berg University of St. Thomas School of Law (Minnesota) _ From: A.E. Brownstein [mailto:[EMAIL PROTECTED] Sent: Tue 8/23/2005 10:56 AM To: Law & Religion issues for Law Academics Subject: RE: Hostility Yes. But I think I have been cons

RE: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-23 Thread Scarberry, Mark
08/23/national/23believers.html. Mark S. Scarberry Pepperdine University School of Law -Original Message- From: Newsom Michael [mailto:[EMAIL PROTECTED] Sent: Tuesday, August 23, 2005 12:51 PM To: Law & Religion issues for Law Academics Subject: RE: Findings on Hostility at Smithson

RE: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-23 Thread Newsom Michael
Subject: Re: Findings on Hostility at Smithsonian Noted in NRO Article Michael, Ask Pascal about the role of faith in inspiring reason. Ask Newton. For that matter, ask Einstein. It is nothing but pap and drivel that can be found in the mischaracterization that those who find design in

RE: Hostility

2005-08-23 Thread Berg, Thomas C.
sympathy). Tom Berg University of St. Thomas School of Law (Minnesota) _ From: A.E. Brownstein [mailto:[EMAIL PROTECTED] Sent: Tue 8/23/2005 10:56 AM To: Law & Religion issues for Law Academics Subject: RE: Hostility Yes. But I think I have been consistent with my comments on

RE: Hostility

2005-08-23 Thread A.E. Brownstein
ademics Subject: Re: Hostility But the tensions created by pluralism are not limited to schools. They extend throughout society. And the movement toward "going our separate ways" isn't limited to schools, it extends to many other public programs (see, e.g. charitable choice). In th

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-23 Thread RJLipkin
In a message dated 8/22/2005 9:02:42 PM Eastern Standard Time, [EMAIL PROTECTED] writes: those who find design in nature It would be illuminating to learn under what conditions one would not "design in nature." Verificationist and Falsificationist philosophical theories aside,

Re: Hostility

2005-08-22 Thread Steven Jamar
On Aug 22, 2005, at 10:49 AM, Rick Duncan wrote: I still think Mike McConnell said it best when he said: "A secular school does not necessarily produce atheists, but it produces young adults who inevitably think of religion as extraneous to the real world of intellectual inquiry, if they think of r

RE: Hostility

2005-08-22 Thread Sanford Levinson
of increasingly isolated sub-societies that feel almost no connections with one another and, indeed, may have a high degree of hostility.  I don't have any good answers to this dilemma.  As a practical matter, I favor public schools making a variety of accommodations with different groups. 

RE: Hostility

2005-08-22 Thread Berg, Thomas C.
o many now do? Tom Berg University of St. Thomas School of Law (Minnesota) _ From: A.E. Brownstein [mailto:[EMAIL PROTECTED] Sent: Mon 8/22/2005 11:42 AM To: Law & Religion issues for Law Academics Subject: Re: Hostility But the tensions created by pluralism are not limited to

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-22 Thread jmhaclj
ubject: RE: Findings on Hostility at Smithsonian Noted in NRO Article There is no secular purpose here. ID is not science. It is a cover for the theology of a particular religious group. To say that one should teach religious objections of a particular religious group in science class clearly viola

RE: Hostility

2005-08-22 Thread Newsom Michael
& Religion issues for Law Academics Subject: Hostility   You know, I think the bottom line is our society is too pluralistic for a one-size-fits-all curriculum at the government school monopoly.   I empathize with Sandy when he expresses concern about students being taught ID (and teac

RE: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-22 Thread Newsom Michael
& Religion issues for Law Academics Subject: Re: Findings on Hostility at Smithsonian Noted in NRO Article   Well, Ed, I think you are just misreading the decision. The case was decided based solely on the legislature's non-secular purpose. The Court did not hold that any particula

Re: Hostility

2005-08-22 Thread Steven Jamar
CTED]] On Behalf Of Rick DuncanSent: Monday, August 22, 2005 9:49 AMTo: Law & Religion issues for Law AcademicsSubject: Hostility  You know, I think the bottom line is our society is too pluralistic for a one-size-fits-all curriculum at the government school monopoly.   I empathize with Sandy when

RE: Hostility

2005-08-22 Thread Rick Duncan
e rules in U.S. courts. From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Rick DuncanSent: Monday, August 22, 2005 9:49 AMTo: Law & Religion issues for Law AcademicsSubject: Hostility   You know, I think the bottom line is our society is too pluralistic for a one-size-fits-all c

Re: Hostility

2005-08-22 Thread Floyd L. Jennings, J.D., Ph.D.
nday, August 22, 2005 11:42 AM Subject: Re: Hostility But the tensions created by pluralism are not limited to schools. They extend throughout society. And the movement toward "going our separate ways" isn't limited to schools, it extends to many other public programs (see, e.g.

Re: Hostility

2005-08-22 Thread A.E. Brownstein
But the tensions created by pluralism are not limited to schools. They extend throughout society. And the movement toward "going our separate ways" isn't limited to schools, it extends to many other public programs (see, e.g. charitable choice). In theory, it could apply to almost the entire pu

RE: Hostility

2005-08-22 Thread Joel
sues for Law Academics Subject: Hostility   You know, I think the bottom line is our society is too pluralistic for a one-size-fits-all curriculum at the government school monopoly.   I empathize with Sandy when he expresses concern about students being taught ID (and teachers b

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-22 Thread Ed Brayton
Francis Beckwith wrote: Ed: We are veering off the church-state issue. So, in order to not irritate Eugene, I will respond briefly. I think the Craig-Smith debate makes my point. Both Craig and Smith agree that Big Bang cosmology, because it is knowledge, has implications for theology. F

Re: Hostility

2005-08-22 Thread Mark Graber
May I suggest that the word "inevitably" when used with respect to public schools almost always guarantees a false statement. This is particularly the case for those of us who went to both public schools and private religious schools after school. MAG >>> [EMAIL PROTECTED] 08/22/05 11:24 AM >>>

Re: Hostility

2005-08-22 Thread RJLipkin
In a message dated 8/22/2005 10:50:40 AM Eastern Standard Time, [EMAIL PROTECTED] writes: I still think Mike McConnell said it best when he said: "A secular school does not necessarily produce atheists, but it produces young adults who inevitably think of religion as extraneous to th

Hostility

2005-08-22 Thread Rick Duncan
h the assumption that there is a god, but that does not make it science.  And the belief in god is, as I understand it, not a rational one for the most part, but a matter of faith -- buttressed by  experience perhaps, and reason, but not premised on it.   Though for some it is. The approach of some

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-21 Thread JMHACLJ
In a message dated 8/21/2005 10:47:54 A.M. Eastern Standard Time, [EMAIL PROTECTED] writes: The district court in Edwards issued summary judgment, based in large part on the decision in McLean.  It is worth remembering that in that case, in deposition, each of the creationists' expert

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-21 Thread A.E. Brownstein
At 12:23 PM 8/21/2005 -0700, you wrote: Yes, a scientific view could be religious -- and this is why it is so important that what is claimed as science be science. Darwin was Christian when he discovered evolution. He had no religious intent in publishing the theory. As some wag noted, evolu

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-21 Thread Francis Beckwith
Ed: We are veering off the church-state issue. So, in order to not irritate Eugene, I will respond briefly. I think the Craig-Smith debate makes my point. Both Craig and Smith agree that Big Bang cosmology, because it is knowledge, has implications for theology. For Smith, it better comports wi

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-21 Thread A.E. Brownstein
I think Ed's point extends beyond science to other parts of the school curriculum as well. History, art, literature, and other subjects may reinforce or conflict with various religious beliefs. Generally speaking, I don't think the Establishment Clause is violated when that occurs incidentally

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-21 Thread Ed Brayton
Frankie Beckwith wrote: Could not a claim both be scientific and religious at the same time? Conceptually, I don't see any problem with that. But this raises an interesting problem. Suppose a particular scientific theory happens to lend support to a religious point of view in strong way, e.g

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-21 Thread Ed Darrell
Yes, a scientific view could be religious -- and this is why it is so important that what is claimed as science be science.   Darwin was Christian when he discovered evolution.  He had no religious intent in publishing the theory.  As some wag noted, evolution allows atheists to be "intellectually

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-21 Thread Frankie Beckwith
Could not a claim both be scientific and religious at the same time? Conceptually, I don't see any problem with that. But this raises an interesting problem. Suppose a particular scientific theory happens to lend support to a religious point of view in strong way, e.g., the Big Bang lends supp

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-21 Thread Ed Brayton
Rick Duncan wrote: Ed: I guess we just read the case differently. Because the law was not allowed to go into effect, there was no curriculum ever adopted in any school for the Court to make any finding about whatsoever.You have to read quotations in context! Of course you have to read quot

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-21 Thread Rick Duncan
Ed: I guess we just read the case differently. Because the law was not allowed to go into effect, there was no curriculum ever adopted in any school for the Court to make any finding about whatsoever.You have to read quotations in context!    I guess I'll teach Edwards in my Con Law II class based

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-21 Thread Rick Duncan
Ed: I guess we just read the case differently. Because the law was not allowed to go into effect, there was no curriculum ever adopted in any school for the Court to make any finding about whatsoever.You have to read quotations in context!    I guess I'll teach Edwards in my Con Law II class based

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-21 Thread Ed Brayton
Rick Duncan wrote: Ed: The Court held that the purpose of the legislature was to bring religion into the classroom.It was the legislature's bad purpose that was the problem. If the Court had found that the legislature had a secular purpose, the Act would not have been vulnerable to a facial

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-21 Thread Ed Darrell
The district court in Edwards issued summary judgment, based in large part on the decision in McLean.  It is worth remembering that in that case, in deposition, each of the creationists' experts was asked whether there was science backing creationism.  Under oath, each said there is no science behi

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-21 Thread Rick Duncan
Ed: The Court held that the purpose of the legislature was to bring religion into the classroom.It was the legislature's bad purpose that was the problem. If the Court had found that the legislature had a secular purpose, the Act would not have been vulnerable to a facial attack. The Court did not

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-20 Thread Ed Brayton
Rick Duncan wrote: Well, Ed, I think you are just misreading the decision. The case was decided based solely on the legislature's non-secular purpose. The Court did not hold that any particular book or curriculum was religion and not science. Indeed, no book or creation science curriculum wa

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-20 Thread Ed Darrell
When read in conjunction with the decision in McLean v. Arkansas, which was used by the Louisiana district court, what Edwards says is that science, backed by data and corroborated by experiment, must be taught in science classes.    The easiest way to get something into the science books would be

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-20 Thread Rick Duncan
Well, Ed, I think you are just misreading the decision. The case was decided based solely on the legislature's non-secular purpose. The Court did not hold that any particular book or curriculum was religion and not science. Indeed, no book or creation science curriculum was even part of the record

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-20 Thread Ed Brayton
Rick Duncan wrote: Edwards did not hold that "creation science" could not be taught in the govt schools. Nor did it hold that "creation science" was religion and not science. It held only that the particular law (the "Balanced Treatment Act") was invalid because it did not have a secular pur

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-20 Thread Rick Duncan
Edwards did not hold that "creation science" could not be taught in the govt schools. Nor did it hold that "creation science" was religion and not science. It held only that the particular law (the "Balanced Treatment Act") was invalid because it did not have a secular purpose. Even here, the Ct ac

Re: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-20 Thread Ed Brayton
Gene Summerlin wrote: Ed, There is a huge difference between mutation creating variation which combined with natural selection results in a given population and saying that genetic mutations can take an organism from being a fish to being a giraffe.  Even with respect to variation,

RE: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-20 Thread Gene Summerlin
.com    From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Ed BraytonSent: Saturday, August 20, 2005 6:49 PMTo: Law & Religion issues for Law AcademicsSubject: Re: Findings on Hostility at Smithsonian Noted in NRO Article Gene Summerlin wrote: The idea that "pharyngeal ar

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