RE: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate)

2013-08-19 Thread West, Ellis
un...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Gaubatz, Derek Sent: Monday, August 19, 2013 4:55 PM To: Law & Religion issues for Law Academics Subject: RE: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate) "To a

Re: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate)

2013-08-19 Thread Richard Dougherty
> > ew...@richmond.edu > > ** ** > > *From:* religionlaw-boun...@lists.ucla.edu [mailto: > religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Richard Dougherty > *Sent:* Monday, August 19, 2013 2:05 PM > > *To:* Law & Religion issues for Law Academics > *Subject:* Re

RE: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate)

2013-08-19 Thread Gaubatz, Derek
Jesus Christ. From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of West, Ellis Sent: Monday, August 19, 2013 4:10 PM To: Law & Religion issues for Law Academics Subject: RE: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive

RE: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate)

2013-08-19 Thread West, Ellis
, August 19, 2013 2:05 PM To: Law & Religion issues for Law Academics Subject: Re: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate) I agree with much of what is said here, but don't think it fully captures Madison's argument in the M&

RE: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate)

2013-08-19 Thread Douglas Laycock
lity, and thus Oregon v. Smith (1990) decided to "call a spade a spade" and restored the original and historical understanding of religious freedom. Ellis West ____________ From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] on behalf of

RE: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate)

2013-08-19 Thread West, Ellis
egon v. Smith (1990) decided to "call a spade a spade" and restored the original and historical understanding of religious freedom. Ellis West From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] on behalf of Richard Dougherty [dou.

Re: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate)

2013-08-19 Thread Richard Dougherty
I agree with much of what is said here, but don't think it fully captures Madison's argument in the M&R. Here is what he says: The Religion then of every man must be left to the conviction and conscience of every man; and it is the right of every man to exercise it as these may dictate. This righ

RE: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate)

2013-08-19 Thread Kahn, Robert A.
mics Cc: Law & Religion issues for Law Academics Subject: Re: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate) As I have said repeatedly, I strongly disagree with the notion that Smith created a new regime. It was an accurate statement of the exist

RE: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate)

2013-08-19 Thread Douglas Laycock
03 434-243-8546 -Original Message- From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of West, Ellis Sent: Sunday, August 18, 2013 11:04 PM To: Law & Religion issues for Law Academics Subject: RE: Harmony and the freedom of religion (RE: New Twist

RE: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate)

2013-08-18 Thread West, Ellis
From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] on behalf of Richard Dougherty [dou...@udallas.edu] Sent: Sunday, August 18, 2013 6:20 PM To: Law & Religion issues for Law Academics Subject: Re: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contr

Re: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate)

2013-08-18 Thread Richard Dougherty
Actually I did reread the entirety, none of which contradicts the first paragraph. Certainly Madison was concerned about such abuse, though he of course was an unusual bird among the Founders (as was Jefferson). More importantly, the issue doesn't have anything to do with abusive clergy. The quest

Re: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate)

2013-08-18 Thread Marci Hamilton
ists.ucla.edu] On Behalf Of Marci Hamilton > Sent: Sunday, August 18, 2013 3:03 PM > To: Law & Religion issues for Law Academics > Cc: Law & Religion issues for Law Academics > Subject: Re: Harmony and the freedom of religion (RE: New Twist On Challenge > to ACA Contraceptive

Re: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate)

2013-08-18 Thread Marci Hamilton
Reread the entirety of the memorial. Madison was very concerned about the abusive power of the clergy. Marci A. Hamilton Verkuil Chair in Public Law Benjamin N. Cardozo Law School Yeshiva University @Marci_Hamilton On Aug 18, 2013, at 6:20 PM, Richard Dougherty wrote: > I would think that th

RE: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate)

2013-08-18 Thread Scarberry, Mark
e: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate) Thanks, Ellis, for your valuable post. Let's also add that the framing generation understood and articulated a distinction between liberty and licentiousness, as I have written before. And set

RE: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate)

2013-08-18 Thread Volokh, Eugene
@lists.ucla.edu [mailto:religionlaw-bounces+volokh=law.ucla@lists.ucla.edu] On Behalf Of Marci Hamilton Sent: Sunday, August 18, 2013 3:05 PM To: Law & Religion issues for Law Academics Cc: Law & Religion issues for Law Academics Subject: Re: Harmony and the freedom of religion (RE: New Twist On C

Re: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate)

2013-08-18 Thread Richard Dougherty
I would think that this would be a matter of significance only for those who afford some degree of significance to a jurisprudence of original intent. But if one does take such matters seriously, I would suggest that it is hard, indeed impossible, to read James Madison's Memorial and Remonstrance

Re: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate)

2013-08-18 Thread Marci Hamilton
gionlaw-boun...@lists.ucla.edu [mailto:religionlaw- > > boun...@lists.ucla.edu] On Behalf Of West, Ellis > > Sent: Friday, August 16, 2013 12:55 PM > > To: Law & Religion issues for Law Academics > > Subject: RE: Harmony and the freedom of religion (RE: New Twist On >

Re: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate)

2013-08-18 Thread Marci Hamilton
Thanks, Ellis, for your valuable post. Let's also add that the framing generation understood and articulated a distinction between liberty and licentiousness, as I have written before. And set a boundary on religious liberty of safety and the public good. Indeed, pastors preached abiding by

RE: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate)

2013-08-18 Thread mallamud
On Behalf Of West, Ellis Sent: Friday, August 16, 2013 12:55 PM To: Law & Religion issues for Law Academics Subject: RE: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate) I fear that many of you will think I am pompous, if not arroga

RE: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate)

2013-08-16 Thread Volokh, Eugene
riginal Message- > From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw- > boun...@lists.ucla.edu] On Behalf Of West, Ellis > Sent: Friday, August 16, 2013 12:55 PM > To: Law & Religion issues for Law Academics > Subject: RE: Harmony and the freedom of religion (RE: New Twi

RE: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate)

2013-08-16 Thread West, Ellis
I fear that many of you will think I am pompous, if not arrogant, in saying what follows, but I feel compelled to respond to Brad Pardee's post. For years now, I have been reading all the posts on this blog, most of which have dealt with the issue of when, on the basis of religious liberty, per