Allowing religious liberty defenses(which have so far been mostly unsuccessful) no more endangers children than does placing the burden of proof on the plaintiff in civil cases and the state(beyond a reasonable doubt) in criminal cases,rules against hearsay or requiring actual confrontation with accusers and so on. What is so troubling about Marci's message is not so much the bottom line result as the suggestion that interests of religious institutions-who after all are not themselves molesting children whatever their culpability for not acting more vigorously to protect children-are somehow systematically less worthy of protection than other social interests. While I accept Eugene's rebuke about rhetoric,and his observation about both equality and religious liberty being protected,it seems to me fair to observe that while there often ways to maximize both interests, there is an increasing tendency-readily visible in positions on conscientious objection by pharmacists to eschew such balancing tests in favor of sweeping assertions of the overarching importance of equality. The same trend is evident in the debates over religious exemptions in the context of same sex marriage. Marc
From: hamilto...@aol.com [mailto:hamilto...@aol.com] Sent: Friday, June 15, 2012 07:30 AM To: lawyer2...@aol.com <lawyer2...@aol.com>; religionlaw@lists.ucla.edu <religionlaw@lists.ucla.edu> Subject: Re: Religious exemptions in ND Please explain what is objectionable about that statement? Are you saying that religious groups do not endanger children? That is simply false. This is a law prof listserv where the discussion needs to focus on facts, doctrine, and policy. The mythology that religious groups always protect children or do not need the hand of the law to forestall harm is that -- mythology -- and not worthy of serious scholarly discussion. So do a lot of secular and individuals, but they are not capable of wrapping themselves in the mantle of claims for religious liberty or freedom. Marci Marci A. Hamilton Paul R. Verkuil Chair in Public Law Benjamin N. Cardozo School of Law Yeshiva University 55 Fifth Avenue New York, NY 10003 (212) 790-0215 hamilto...@aol.com<mailto:hamilto...@aol.com> -----Original Message----- From: lawyer2974 <lawyer2...@aol.com> To: Law & Religion issues for Law Academics <religionlaw@lists.ucla.edu> Sent: Fri, Jun 15, 2012 6:45 am Subject: Re: Religious exemptions in ND "Giving religious groups more power to endanger children...." Wow.... To be charitable, I will chalk that one up to the lateness of the hour in which it was written..... -Don Clark Nationwide Special Counsel United Church of Christ Sent from my Verizon Wireless BlackBerry -----Original Message----- From: Marci Hamilton <hamilto...@aol.com<mailto:hamilto...@aol.com>> Sender: religionlaw-boun...@lists.ucla.edu<mailto:religionlaw-boun...@lists.ucla.edu> Date: Fri, 15 Jun 2012 03:08:48 To: Law & Religion issues for Law Academics<religionlaw@lists.ucla.edu<mailto:religionlaw@lists.ucla.edu>> Reply-To: Law & Religion issues for Law Academics <religionlaw@lists.ucla.edu<mailto:religionlaw@lists.ucla.edu>> Cc: Law & Religion issues for Law Academics<religionlaw@lists.ucla.edu<mailto:religionlaw@lists.ucla.edu>> Subject: Re: Religious exemptions in ND _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu<mailto: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<mailto: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.
