Re: Nullifying RLUIPA

2005-06-05 Thread Hamilton02
I think Turner requires satisfying some religious dietary requests, and I think RLUIPA as interpreted by the Court in Cutter requires no more than Turner. The opinion makes it clear that problems between inmates, budget, and security are all important reasons a prison can turn down any

RE: Nullifying RLUIPA

2005-06-05 Thread Douglas Laycock
AM To: religionlaw@lists.ucla.edu Subject: Re: Nullifying RLUIPA I think Turner requires satisfying some religious dietary requests, and I think RLUIPA as interpreted by the Court in Cutter requires no more than Turner. The opinion makes it clear that problems between inmates, budget

Re: Nullifying RLUIPA

2005-06-05 Thread Hamilton02
With all due respect, Doug, the degree to which the Court requires deference in Cutter pushes RLUIPA a far distance from strict scrutiny as it is used in constitutional law, as the list has discussed. The result is intermediate scrutiny. The phrase "compelling interest" generally means one

RE: Nullifying RLUIPA

2005-06-05 Thread Douglas Laycock
To: religionlaw@lists.ucla.edu Subject: Re: Nullifying RLUIPA With all due respect, Doug, the degree to which the Court requires deference in Cutter pushes RLUIPA a far distance from strict scrutiny as it is used in constitutional law, as the list has discussed. The result is intermediate

Re: Nullifying RLUIPA

2005-06-05 Thread Hamilton02
Therein lies the irony of Cutter. Marci In a message dated 6/5/2005 4:32:38 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: If RLUIPA enacted the Turner standard, it would accomplish exactly nothing, which is why this thread is headed "Nullifying RLUIPA."

Re: Nullifying RLUIPA

2005-06-05 Thread Anthony Picarello
There is no irony, only astonishingly aggressive spin and self-contradiction. --Original Message-- From: [EMAIL PROTECTED] To: religionlaw@lists.ucla.edu ReplyTo: Law Religion issues for Law Academics Sent: Jun 5, 2005 4:39 PM Subject: Re: Nullifying RLUIPA Therein lies the irony

RE: Nullifying RLUIPA

2005-06-03 Thread Newsom Michael
to a tougher test on matters of this sort, a vote was taken and the Danforth view prevailed. -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Sent: Thursday, June 02, 2005 6:09 PM To: religionlaw@lists.ucla.edu Subject: Re: Nullifying RLUIPA I'm always learning

RE: Nullifying RLUIPA

2005-06-03 Thread Douglas Laycock
-6988 (fax) From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Newsom MichaelSent: Friday, June 03, 2005 9:52 AMTo: Law Religion issues for Law AcademicsSubject: RE: Nullifying RLUIPA Thats wrong. Communion wine was the animating question. Form cant trump substance

RE: Nullifying RLUIPA

2005-06-03 Thread Newsom Michael
) 512-471-6988 (fax) From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Newsom Michael Sent: Friday, June 03, 2005 9:52 AM To: Law Religion issues for Law Academics Subject: RE: Nullifying RLUIPA Thats wrong. Communion wine was the animating question. Form cant trump

RE: Nullifying RLUIPA

2005-06-03 Thread Douglas Laycock
ine during religious rituals? - Original Message - From: Douglas Laycock To: Law Religion issues for Law Academics Sent: Friday, June 03, 2005 10:59 AM Subject: RE: Nullifying RLUIPA The animating question was that prisoners filefrivolous lawsuits on every poss

RE: Nullifying RLUIPA

2005-06-03 Thread Douglas Laycock
@lists.ucla.eduSubject: RE: Nullifying RLUIPA Question. In the mainstream branches of Christianity, is there any holiday where persons have a religious obligation to get drunk. I'm fairly, though not 100% confident that many Jews believe there is a religious obligation to drink to excess on Purim

RE: Nullifying RLUIPA

2005-06-03 Thread Will Linden
At 12:11 PM 6/3/05 -0400, you wrote: Question. In the mainstream branches of Christianity, is there any holiday where persons have a religious obligation to get drunk. I'm fairly, though not 100% confident that many Jews believe there is a religious obligation to drink to excess on Purim.

RE: Nullifying RLUIPA

2005-06-02 Thread Newsom Michael
is overwhelming. -Original Message- From: Jamar Steve Sent: Wednesday, June 01, 2005 5:22 PM To: Law Religion issues for Law Academics Subject: Re: Nullifying RLUIPA I do think an inmate's dietary demands based on religion could be denied. I just can't imagine a situation where they would

Re: Nullifying RLUIPA

2005-06-02 Thread Hamilton02
I'm always learning something new. The Senate voted separately on communion wine in the context of debating RFRA? I thought I had read it all, but maybe not. Marci In a message dated 6/2/2005 4:55:14 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: If there is any one dietary

RE: Nullifying RLUIPA

2005-06-02 Thread Douglas Laycock
-1341 (phone) 512-471-6988 (fax) From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED]Sent: Thursday, June 02, 2005 5:09 PMTo: religionlaw@lists.ucla.eduSubject: Re: Nullifying RLUIPA I'm always learning something new. The Senate voted separately on communion

RE: Nullifying RLUIPA

2005-06-01 Thread Marc Stern
In addition to what Doug has written, I would note that many prisons have a common fare diet which satisfies the dietary restrictions of many faiths. That their might be some dietary claims that could not be met-the legendary steak and sherry claims of the church of the new song in the

Re: Nullifying RLUIPA

2005-06-01 Thread Hamilton02
My observation was not intended to raise a straw man and is quite sincere.Where is the limit for the prisons under RLUIPA when it comes to diet? Here's the problem -- in this day and age, a prison could easily have a mix of Buddhists, Hindus, Orthodox Jews, Nation of Islam members, and

Re: Nullifying RLUIPA

2005-06-01 Thread Hamilton02
I'm just curious if anyone in the ivory tower believes that an inmate's dietary demands, based on religion, can ever be denied under RLUIPA? (And set aside the games-playing CONS and their steak and sherry-- I am talking about sincere religious believers making a variety of dietary

RE: Nullifying RLUIPA

2005-06-01 Thread Newsom Michael
approach is political, but not legal, would you? -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Sent: Wednesday, June 01, 2005 4:36 PM To: religionlaw@lists.ucla.edu Subject: Re: Nullifying RLUIPA My observation was not intended to raise a straw man

RE: Nullifying RLUIPA

2005-06-01 Thread Morris, Michelle D.
, 2005 5:22 PMTo: Law Religion issues for Law AcademicsSubject: Re: Nullifying RLUIPA I do think an inmate's dietary demands based on religion could be denied. I just can't imagine a situation where they would indeed need to be -- where the religious dietary demands