I appreciate Alan’s questions, but isn’t that the sort of thing
that would arise with virtually every RFRA claim, and virtually every Title VII
religious accommodation claim? It’s the same “spectral march,” to borrow Chip
Lupu’s phrase quoted by Justice Blackmun in Employment Divis
, 2015 8:11 AM
To: Law & Religion issues for Law Academics
Subject: RE: Question about the Kentucky County Clerk controversy
According to the district court opinion, Davis has six deputy
clerks. “Four of Davis’ deputy clerks share her religious objection to
same-sex marriage,
> 434-243-8546
>
>
>
> *From:* religionlaw-boun...@lists.ucla.edu [mailto:
> religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Marty Lederman
> *Sent:* Thursday, September 03, 2015 10:41 AM
> *To:* Law & Religion issues for Law Academics
> *Subject:* Re: Question
=virginia@lists.ucla.edu] On Behalf Of
Volokh, Eugene
Sent: Thursday, September 03, 2015 11:11 AM
To: Law & Religion issues for Law Academics
Subject: RE: Question about the Kentucky County Clerk controversy
According to the district court opinion, Davis has six deputy
cl
Religion issues for Law Academics'
Subject: RE: Question about the Kentucky County Clerk controversy
For what it’s worth, a reporter for the LA times told me yesterday that the
deputy clerk is her son. And he seemed to think (this was less clear) that the
two of them were the whole office.
...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marty Lederman
Sent: Thursday, September 03, 2015 9:27 AM
To: Law & Religion issues for Law Academics
Subject: Re: Question about the Kentucky County Clerk controversy
"Would a capacious interpretation of the Kentucky RFRA Law
10:41 AM
To: Law & Religion issues for Law Academics
Subject: Re: Question about the Kentucky County Clerk controversy
By the way, none of this affects whether Davis should be held in contempt
today: Obviously, she should be. If her principal complaint is merely that
the Kentucky RFRA g
By the way, none of this affects whether Davis should be held in contempt
today: Obviously, she should be. If her principal complaint is merely
that the Kentucky RFRA gives her the right to omit her name on the two
lines in question, she should simply instruct the Deputy Clerk to do just
that, bu
gt; ] *On Behalf Of *Marty Lederman
> *Sent:* Thursday, September 03, 2015 9:50 AM
> *To:* Law & Religion issues for Law Academics
> *Subject:* Re: Question about the Kentucky County Clerk controversy
>
>
>
> The judge did reject the KY RFRA argument, Dan, but only based upon thi
:
> religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Marty Lederman
> *Sent:* Thursday, September 03, 2015 9:50 AM
>
> *To:* Law & Religion issues for Law Academics
> *Subject:* Re: Question about the Kentucky County Clerk controversy
>
>
>
> The judge did reject the KY R
.@lists.ucla.edu>
[mailto:religionlaw-boun...@lists.ucla.edu<mailto:religionlaw-boun...@lists.ucla.edu>]
On Behalf Of Marty Lederman
Sent: Thursday, September 03, 2015 5:42 AM
To: Law & Religion issues for Law Academics
Subject: Re: Question about the Kentucky County Clerk controversy
I would t
onlaw-boun...@lists.ucla.edu<mailto:religionlaw-boun...@lists.ucla.edu>]
On Behalf Of Marty Lederman
Sent: Thursday, September 03, 2015 5:42 AM
To: Law & Religion issues for Law Academics
Subject: Re: Question about the Kentucky County Clerk controversy
I would tend to agree with Eugene here, but for tw
s.ucla.edu] *On Behalf Of *Marty Lederman
> *Sent:* Thursday, September 03, 2015 5:42 AM
> *To:* Law & Religion issues for Law Academics
> *Subject:* Re: Question about the Kentucky County Clerk controversy
>
>
>
> I would tend to agree with Eugene here, but for two
: Question about the Kentucky County Clerk controversy
I would tend to agree with Eugene here, but for two things.
First, Davis only took office as County Clerk seven months ago, when it was
quite foreseeable that her office would be required to issue same-sex marriage
licenses and certificat
"But the Governor can and should do so *only *if such an omission of
Davis's name would in no way affect the validity of the documents under
Kentucky law."
I don't see how this is a sufficient test. Providing an carve-out/opt-out
for Davis in this way doesn't just help Davis with
her philosophical
I would tend to agree with Eugene here, but for two things.
First, Davis only took office as County Clerk seven months ago, when it was
quite foreseeable that her office would be required to issue same-sex
marriage licenses and certificates. As we discussed in an earlier thread,
I doubt the prosp
Thanks for the clarification, Eugene. I had assumed the clerk would be
seeking an accommodation specific to licenses for same-sex couples. But in
looking at the various alternatives the clerk has proposed in describing
her putative state RFRA claim, only one is explicitly limited to same-sex
licens
: Law & Religion issues for Law Academics
Subject: Re: Question about the Kentucky County Clerk controversy
But doesn't that beg Kevin's very good point (like Jim's) that anyone married
in that County would have a special license. And, without legislation in
Kentucky, would 1
To: Paul Finkelman; Law & Religion issues for Law Academics
Subject: Re: Question about the Kentucky County Clerk controversy
"I agree that the key question is how hard it is to provide an accommodation.
But as I understand the claim, here the accommodation would be easy: She
doesn’t
enter
Philadelphia, Pennsylvania
518-439-7296 (w)
518-605-0296 (c)
paul.finkel...@yahoo.com
www.paulfinkelman.com
From: "Volokh, Eugene"
To: Law & Religion issues for Law Academics
Sent: Thursday, September 3, 2015 1:12 AM
Subject: RE: Question about the
A would authorize?
>
>
>
>Eugene
>
>
>
>
>
> *From:* religionlaw-boun...@lists.ucla.edu [mailto:
> religionlaw-boun...@lists.ucla.edu] *On Behalf Of *K Chen
> *Sent:* Wednesday, September 02, 2015 9:57 PM
> *To:* Paul Finkelman; Law & Religi
I haven't been following this carefully, so I have a basic question. Why is a
federal court ordering her to comply with state law? She is not at this point
treating same-sex couples differently, and apparently all couples still can get
licenses by going to a different county. I would assume that
I appreciate Jim’s “separate-but-equal feel” point; but as I
understand it, the County Clerk would want her name removed from all marriage
licenses and certificates, not just same-sex ones. The reason for that, to be
sure, will be known to be her opposition to same-sex marriage.
>Eugene
>
>
>
> *From:* religionlaw-boun...@lists.ucla.edu [mailto:
> religionlaw-boun...@lists.ucla.edu] *On Behalf Of *James Oleske
> *Sent:* Wednesday, September 02, 2015 9:09 PM
> *To:* Law & Religion issues for Law Academics
> *Subject:* Re: Question about the K
...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of K Chen
Sent: Wednesday, September 02, 2015 9:57 PM
To: Paul Finkelman; Law & Religion issues for Law Academics
Subject: Re: Question about the Kentucky County Clerk controversy
"I agree that the key question is how hard it is t
From: Volokh, Eugene
Sent: Wednesday, September 02, 2015 9:59 PM
To: 'Paul Finkelman'; 'Law & Religion issues for Law Academics'
Subject: RE: Question about the Kentucky County Clerk controversy
1. As I mentioned in my initial post, she should lose the
f
www.paulfinkelman.com
>
> --
> *From:* "Volokh, Eugene"
> *To:* Law & Religion issues for Law Academics
>
> *Sent:* Thursday, September 3, 2015 12:20 AM
>
> *Subject:* RE: Question about the Kentucky County Clerk controversy
>
&g
lphia, Pennsylvania
518-439-7296 (w)
518-605-0296 (c)
paul.finkel...@yahoo.com
www.paulfinkelman.com
From: "Volokh, Eugene"
To: Law & Religion issues for Law Academics
Sent: Thursday, September 3, 2015 12:13 AM
Subject: RE: Question about the Kentucky Count
Finkelman, Paul
Sent: Wednesday, September 02, 2015 9:02 PM
To: Law & Religion issues for Law Academics
Subject: RE: Question about the Kentucky County Clerk controversy
But, Eugene, isn't your bearded sheriff different from a clerk refusing to do
hers job. The analogy would not be to the bear
, September 02, 2015 8:48 PM
To: Law & Religion issues for Law Academics
Subject: Re: Question about the Kentucky County Clerk controversy
Quick question. Does anyone know if KY law requires the clerk to issue the
license in the Clerk's name, as opposed to "the office of the Clerk"
, September 02, 2015 8:27 PM
To: Law & Religion issues for Law Academics
Subject: Re: Question about the Kentucky County Clerk controversy
It seems you raise the great RFRA question, can RFRA allow people to hold jobs
(especially government jobs) knowing that they will not in fact do the job?
This s
Eugene
>
>
>
> *From:* religionlaw-boun...@lists.ucla.edu [mailto:
> religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Friedman, Howard M.
> *Sent:* Wednesday, September 02, 2015 7:10 PM
> *To:* Law & Religion issues for Law Academics
> *Subject:* RE: Question about
edu] On Behalf Of Volokh, Eugene
Sent: Wednesday, September 02, 2015 11:41 PM
To: Law & Religion issues for Law Academics
Subject: RE: Question about the Kentucky County Clerk controversy
It seems to me that even government officials are sometimes
acted upon by the government, and
Behalf Of Friedman, Howard M.
Sent: Wednesday, September 02, 2015 7:10 PM
To: Law & Religion issues for Law Academics
Subject: RE: Question about the Kentucky County Clerk controversy
Kentucky law requires the license to be signed by the clerk or deputy clerk.
http://www.lrc.ky.gov/statutes/s
on behalf of Paul Finkelman [paul.finkel...@yahoo.com]
Sent: Wednesday, September 02, 2015 8:48 PM
To: Law & Religion issues for Law Academics
Subject: Re: Question about the Kentucky County Clerk controversy
Quick question. Does anyone know if KY law requires the clerk to issue the
license
35 matches
Mail list logo
