On Wednesday, March 17, 2004, at 10:17 AM, Marty Lederman wrote:
Of course, we don't really know from these Washington Post and CNN stories what the true "facts" of the case are, or what the factual predicate might be for the prosecution. Perhaps the criminal charges are based on the ceremonial proceedings, in which case Eugene has cause to be concerned. Perhaps not. All of which goes to demonstrate, as is so frequently the case on this list, that perhaps it would behoove us to find out more details about the facts and the law before we spend a lot of time and energy debating the constitutional question.
But, but, but, Marty! What would we do then? Why cloud the issue with facts? :)
Seriously, I think we need to be careful - probably more careful than we sometimes are (or I need to be more careful than I sometimes am) - to distinguish between the constitutional analysis of the particular situation and the analysis of the potential constitutional issues that can arise in such a situation, depending upon the facts. It is the nature of listserves to have discussion sparked by real events which raise real issues - even if we don't know the facts fully - and I don't understand Marty to be suggesting that this topic is off the mark or not fully ripe for our discussion. Just that this particular case with its particular set of facts is not yet ripe for our judgment. To that extent I think Marty's caution is a good one - that we perhaps ought keep in mind more than we (or at least I) do.
Of course the problem is compounded in my case by my lack of knowledge of family law, of criminal law, and of NY law.
But it is fun to talk about, isn't it? And it does raise some significant issues of policy and law and religion.
Thanks for the useful caution, Marty.
Steve
--
Prof. Steven D. Jamar vox: 202-806-8017
Howard University School of Law fax: 202-806-8567
2900 Van Ness Street NW mailto:[EMAIL PROTECTED]
Washington, DC 20008 http://www.law.howard.edu/faculty/pages/jamar/
"No place affords a more striking conviction of the vanity of human hopes than a public library."
Samuel Johnson, 1751
_______________________________________________ To post, send message to [EMAIL PROTECTED] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
