As a legal matter, the claim that someone's religious views are disqualifying comes close to, if not actually constituting a prohibited religious test for public office especially as the NIH to which Collins was nominated is a federal institution subject to the tests clause directly.However there are cases in which the federal courts ahve upheld the discharge of political appointees who have made (hostile) religious statements about homosexuality. Marc Stern ________________________________
From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Anthony Decinque Sent: Thursday, August 06, 2009 4:48 PM To: Law & Religion issues for Law Academics Subject: Re: Francis Collins and Acceptable Criticisms I think that begs the question, in a sense. You say, "If he has said anything about science that is antithetical to sound science, that would be a fair ground of criticism." Mr. Collins states that he believes in the virgin birth. Is that antithetical to sound science? I don't really want to get into a religious debate or comment on the validity of Mr. Collins's specific beleifs. I want to know when someone's advocacy of ideas that are antithetical to a profession can be used to disqualify that person (legally). You can change the hypothetical if you want. A faith-healer that is applying to be Surgeon General? A On Thu, Aug 6, 2009 at 4:41 PM, Douglas Laycock <layco...@umich.edu> wrote: The alleged "ideas that are antithetical to the values underlying the job" are simply his religion. Some consider his religion antithetical; he does not. It is not antithetical unless you accept certain other assumptions about the relation between religion and science -- assumptions that his critics adopt but that he rejects. If he has said anything about science that is antithetical to sound science, that would be a fair ground of criticism. But if he is sound when he talks about science, and the only evidence against him is the inferences people draw when he talks about religion, that is simply a religious disqualification. Quoting Anthony Decinque <anthony.decin...@gmail.com>: > Francis Collins has been selected to be the head of NIH, where he will have > substantial authority to allocate the nation?s scientific research funding. > There are a few criticisms of Mr. Collins being made regarding his religion.. > > > For this list, I wanted to set aside a specific criticism. Specifically, > let?s ignore criticisms based on Mr. Collins using his government position > to promote religion. (For example, if Mr. Collins were to give a speech, as > head of the Human Genome Project, claiming that DNA is evidence for God.) > > Instead, I wanted to get the list?s opinion on a different criticism. This > criticism goes like this: (1) science is a product of another, deeper, more > important feature ? skeptical thinking; (2) Mr. Collins does not practice > skeptical thinking; (3) in fact, Mr. Collins has made many statements > undermining and contradicting skeptical thinking. Therefore, the criticism > goes, Mr. Collins should not be the head of NIH because he undermines what > science is all about. > > To get a flavor of the criticism, you can read this > piece<http://www.reasonproject.org/archive/item/the_strange_case_of_fran cis_collins2/>by <http://www.reasonproject.org/archive/item/the_strange_case_of_francis_c ollins2/%3Eby> > Sam Harris. > It is an elaboration of a NY Times editorial Mr. Harris recently > authored. In > response, biologist Kenneth Miller wrote in the NY Times that Mr. Harris has > ?deeply held prejudices against religion? and opposes Mr. Collins merely > because ?he is a Christian.? > > What does the list think? Should it be acceptable for an employer to > discriminate against a job candidate on the grounds that the candidate > believes, practices, and advocates for ideas that are antithetical to the > values underlying the job? (Again, assuming that the candidate would not > otherwise abuse the post and would generally do a fine administrative job.) > > > > Thanks, > > Anthony DeCinque > Douglas Laycock Yale Kamisar Collegiate Professor of Law University of Michigan Law School 625 S. State St. Ann Arbor, MI 48109-1215 734-647-9713 _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
_______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
