Eugene clearly reads Hosanna-Tabor far more broadly than I do. -- Prof. Steven D. Jamar Assoc. Dir. of International Programs Institute for Intellectual Property and Social Justice http://iipsj.org http://sdjlaw.org
"Whenever you find yourself on the side of the majority, it is time to pause and reflect." Mark Twain > On Apr 27, 2017, at 6:19 PM, Volokh, Eugene <vol...@law.ucla.edu> wrote: > > If I’m right that Hosanna-Tabor applies, wouldn’t the church > just have a categorical right to exclude members or attendees, > notwithstanding any antidiscrimination law, just as it has a categorical > right to dismiss clergy notwithstanding any discrimination law – even without > a showing that the church feels religiously compelled to violate the law? > > To be sure, I don’t think that Hosanna-Tabor protects “just > any activity [of] a church.” But it does protect decisions whether to accept > or reject clergy; might it equally protect decisions whether to accept or > reject church members or attendees? > > Eugene > > From: religionlaw-boun...@lists.ucla.edu > <mailto:religionlaw-boun...@lists.ucla.edu> > [mailto:religionlaw-boun...@lists.ucla.edu > <mailto:religionlaw-boun...@lists.ucla.edu>] On Behalf Of Steven Jamar > Sent: Thursday, April 27, 2017 10:13 AM > To: Law Religion & Law List > Subject: Re: Church excludes nursing woman > > I assume freedom of association would protect a church in selecting its > membership. And I assume Hosanna-Tabor would protect religion-driven decorum > decisions like separate seating for men and women in synagogues and mosques. > But this is just a case of people being uncomfortable — not a > religiously-compelled doctrine or code of conduct. I don’t see either > Hosanna-Tabor or RFRA reaching that. Hosanna-Tabor does not extend to just > any activity a church claims and RFRA requires a substantial burden on the > exercise of religion (assuming the VA RFRA is like the federal one — again, > I’m not interested in the particulars of the VA RFRA). > > > -- > Prof. Steven D. Jamar > Assoc. Dir. of International Programs > Institute for Intellectual Property and Social Justice > http://iipsj.org <http://iipsj.org/> > http://sdjlaw.org <http://sdjlaw.org/> > > "In these words I can sum up everything I've learned about life: It goes on." > > --Robert Frost > > > > > > On Apr 27, 2017, at 12:54 PM, Volokh, Eugene <vol...@law.ucla.edu > <mailto:vol...@law.ucla.edu>> wrote: > > 1. Does the principle underlying Hosanna-Tabor extend to > churches excluding members (or visitors) based on race, sex, religion, etc.? > I assume it would, which is why, for instance, Orthodox synagogues could have > separate seating for men and women, Nation of Islam events could be men-only > (there are a few cases on the latter, though free speech cases rather than > religious freedom cases), various churches could be racially or ethnically > exclusionary in their membership, and so on. > > 2. If a church can exclude people from membership or > attendance based on race, sex, etc., I assume it would likewise be free to > exclude people who engage in certain behavior. > > 3. Virginia does have a state RFRA, Va Code 57-2.02, but I > assume the Hosanna-Tabor principle – if it’s applicable – would provide > categorical protection, not subject to trumping under strict scrutiny. > > Eugene > > From: religionlaw-boun...@lists.ucla.edu > <mailto:religionlaw-boun...@lists.ucla.edu> > [mailto:religionlaw-boun...@lists.ucla.edu > <mailto:religionlaw-boun...@lists.ucla.edu>] On Behalf Of Steven Jamar > Sent: Thursday, April 27, 2017 9:49 AM > To: Law & Religion issues for Law Academics > Subject: Church excludes nursing woman > > If RFRA applied to the state, or if Virginia had a state RFRA that copied the > federal RFRA, would this state law be legal? > > Virginia law provides that a woman can breast feed uncovered anywhere she has > a legal right to be. Can a church then exclude her because breast feeding > uncovered might make some other congregants uncomfortable? > > https://www.washingtonpost.com/local/virginia-politics/this-breastfeeding-mom-caused-a-stir-in-church/2017/04/26/adb7ac84-2a8d-11e7-a616-d7c8a68c1a66_story.html?utm_term=.cca0b874fc7c > > <https://www.washingtonpost.com/local/virginia-politics/this-breastfeeding-mom-caused-a-stir-in-church/2017/04/26/adb7ac84-2a8d-11e7-a616-d7c8a68c1a66_story.html?utm_term=.cca0b874fc7c> > > -- > Prof. Steven D. Jamar > Assoc. Dir. of International Programs > Institute for Intellectual Property and Social Justice > http://iipsj.org <http://iipsj.org/> > http://sdjlaw.org <http://sdjlaw.org/> > > "Years ago my mother used to say to me... 'In this world Elwood' ... She > always used to call me Elwood... 'In this world Elwood, you must be Oh So > Smart, or Oh So Pleasant.' Well for years I was smart -- I recommend > pleasant. You may quote me." --Elwood P. Dowd > > - Mary Chase, "Harvey", 1950 > > > > > > _______________________________________________ > 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 > <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 > <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.
