Some of you on the list have made me think a bit more about application of
religious freedom provisions (federal or state RFRAs, for our purposes) as
defenses to suits brought by private parties. This is a key question raised by
the Arizona bill that Gov. Brewer vetoed.
At the risk of
For purposes of a state RFRA or a state constitution, I do not understand
why defenses to a private right of action for discrimination (e.g., a
merchant refused to serve me because of my race, religion, etc.; merchant
defends on religious freedom grounds) are any different from defenses to a
issues for Law Academics religionlaw@lists.ucla.edu
Sent: Thu, Feb 27, 2014 9:20 am
Subject: Re: Protecting Religious Conscience from Private Suits -- How far do
we go under the Const and under RFRAs?
For purposes of a state RFRA or a state constitution, I do not understand why
defenses
/marci_hamilton
-Original Message-
From: Ira Lupu icl...@law.gwu.edu
To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu
Sent: Thu, Feb 27, 2014 9:20 am
Subject: Re: Protecting Religious Conscience from Private Suits -- How far
do we go under the Const and under RFRAs
With respect to my former teacher I don't think the background right
distinction is quite as untenable as that. Many of the rights enforced in
tort are rights against the world that the court vindicates, my right to
exclude you from my property is self-enforceable by private means, such as
by
: Protecting Religious Conscience from Private Suits -- How far do
we go under the Const and under RFRAs?
Wait a minute-- so every dispute involving a believer that involves any law is
a potential constitutional case?
So I can add a free exercise claim to my trespass and nuisance
...@lists.ucla.edumailto:religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Steven Jamar
Sent: Thursday, February 27, 2014 10:49 AM
To: Law Religion Law List
Subject: Re: Protecting Religious Conscience from Private Suits -- How far do
we go under the Const and under RFRAs?
I don’t think
: Law Religion issues for Law Academics religionlaw@lists.ucla.edu
Sent: Thu, Feb 27, 2014 11:42 am
Subject: Re: Protecting Religious Conscience from Private Suits -- How far do
we go under the Const and under RFRAs?
Doug's common law rule point is one reason I raised the trespass issue
issues for Law Academics
religionlaw@lists.ucla.edumailto:religionlaw@lists.ucla.edu
Sent: Thu, Feb 27, 2014 11:42 am
Subject: Re: Protecting Religious Conscience from Private Suits -- How far do
we go under the Const and under RFRAs?
Doug's common law rule point is one reason I raised the trespass
for Law Academics'
religionlaw@lists.ucla.edumailto:religionlaw@lists.ucla.edu
Subject: RE: Protecting Religious Conscience from Private Suits -- How far do
we go under the Const and under RFRAs?
It is not judicial enforcement as such. In contract cases, the challenged rule
comes from the contract
religionlaw@lists.ucla.edu
Cc: Law Religion issues for Law Academics religionlaw@lists.ucla.edu
Sent: Thu, Feb 27, 2014 11:42 am
Subject: Re: Protecting Religious Conscience from Private Suits -- How far
dowe go under the Const and under RFRAs?
Doug's common law rule point is one reason
Message-
From: Steven Jamar stevenja...@gmail.com
To: Law Religion Law List religionlaw@lists.ucla.edu
Sent: Thu, Feb 27, 2014 12:21 pm
Subject: Re: Protecting Religious Conscience from Private Suits -- How far do
we go under the Const and under RFRAs?
Are RFRA (federal) and RLUIPA enacted
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