Re: Ten Commandments
Or this one. http://www.supremecourtus.gov/about/eastwestwalls.pdf Christine Corcos Associate Professor of Law Faculty Graduate Studies Program Supervisor Paul M. Hebert Law Center, Louisiana State University Associate Professor, Women's and Gender Studies Program LSU AM W325 Law Building 1 East Campus Drive Baton Rouge LA 70803 tel: 225/578-8327 fax: 225/578-3677 email: [EMAIL PROTECTED] Brian Landsberg [EMAIL PROTECTED] To: [EMAIL PROTECTED], religionlaw@lists.ucla.edu cc: (bcc: Christine A Corcos/ccorcos/LSU) Sent by:Subject: Re: Ten Commandments [EMAIL PROTECTED] ts.ucla.edu 03/02/2005 01:54 PM Please respond to Law Religion issues for Law Academics For a narrative and pictorial explanation of the display of the bill of rights, see http://www.oyez.org/oyez/tour/frieze-east-from-courtroom-entry. ___ 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.
Re: Student reprimanded for religious absences
Maybe you do what the Indiana schools seem to have tried to do, perhaps unsuccessfully, and what my law school gives law students, a certain number of excused absences. They use them however they want. After that, the school examines additional requests for excused absences extremely carefully. I understand and share Steve's discomfort with simply recognizing and granting majoritarian holidays but the fact is that they are days that most people will take by tradition, whether or not they celebrate them for religious reasons. However, I suspect that most people don't take Good Friday in the US off anymore, or All Saints Day, or All Souls Day, even though around here some people celebrate those days and some of my students and some of my colleagues are not around part of those latter two days. Most people come to work. However, Good Friday is a holiday at LSU. (But Memorial Day is not, and and most people who take a vacation day that day are from the north, I think). Would most people come to work or go to school if Good Friday were not a holiday here? I suspect yes. Would they come to work or go to school if Christmas were not a holiday? I suspect no, but I could be wrong. Money and grades are powerful motivators. Christine Corcos Associate Professor of Law Faculty Graduate Studies Program Supervisor Paul M. Hebert Law Center, Louisiana State University Associate Professor, Women's and Gender Studies Program LSU AM W325 Law Building 1 East Campus Drive Baton Rouge LA 70803 tel: 225/578-8327 fax: 225/578-3677 email: [EMAIL PROTECTED] Steven Jamar [EMAIL PROTECTED] To: Law Religion issues for Law Academics [EMAIL PROTECTED] Sent by:cc: (bcc: Christine A Corcos/ccorcos/LSU) [EMAIL PROTECTED] Subject: Re: Student reprimanded for religious absences ts.ucla.edu 11/24/2004 10:38 AM Please respond to Law Religion issues for Law Academics Then where is the solution -- no general holidays -- schools don't ever close for Christmas or Yom Kippur despite the fact that significant percentages of the students would miss classes? Minorities are minorities and general rules are crafted for majorities in the main, or large minorities. I'm just unconvinced that going to non-mandatory religious gathering out of town would qualify as the sort of thing needing accommodation as a constitutional matter. Steve On Wednesday, November 24, 2004, at 11:17 AM, Newsom Michael wrote: But are the rules neutral? Public schools typically accommodate majoritarian religious holidays and holy days both Christian and Jewish (leaving aside certain Christian sects, as in the case under discussion and leaving aside, perhaps, some Jewish sects) but do not accommodate many, if not all, non-majoritarian religious holidays and holy days. In our increasingly pluralistic society, accommodation of all holidays and holy days would present serious administrative and fiscal problems. But there is no getting around the fact of a bias in favor of typical Christian and Jewish holidays and holy days, and there is something fundamentally unfair about that bias as it plays itself out in the real world, unless, of course, we adopt Scalias dismissive view of religious minorities in Smith. -- 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
RE: Student reprimanded for religious absences
The complete news story indicates that students do get one excused day of religious observance; this student had already taken it. Christine Corcos Associate Professor of Law Faculty Graduate Studies Program Supervisor Paul M. Hebert Law Center, Louisiana State University Associate Professor, Women's and Gender Studies Program LSU AM W325 Law Building 1 East Campus Drive Baton Rouge LA 70803 tel: 225/578-8327 fax: 225/578-3677 email: [EMAIL PROTECTED] Mark Stern [EMAIL PROTECTED] To: Law Religion issues for Law Academics [EMAIL PROTECTED] Sent by:cc: (bcc: Christine A Corcos/ccorcos/LSU) [EMAIL PROTECTED] Subject: RE: Student reprimanded for religious absences ts.ucla.edu 11/23/2004 01:19 PM Please respond to Law Religion issues for Law Academics If school officials have discretion which absences to excuse and which not(as it appears from the story that they do),then the federal free exercise clause would seem to require excusal absent compelling interest. Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene Sent: Tuesday, November 23, 2004 12:20 PM To: [EMAIL PROTECTED] Subject: FW: Student reprimanded for religious absences Any thoughts on this issue? The Indiana Free Exercise Clause has been interpreted to require strict scrutiny, City Chapel Evangelical Free Inc. v. City of South Bend, 744 N.E.2d 443 (Ind. 2001), though I know of no cases that have dealt with the government's role as K-12 educator. Eugene http://www.thetimesonline.com/articles/2004/11/21/news/lake_county/2e51b ae417129d4486256f52007f530f.txt The parent of a sixth-grade Lowell Middle School student says the Tri-Creek School Corp. has threatened to expel her child for religious beliefs. Ruth Scheidt said middle school officials forced her 12-year-old son to sign a letter last month stating he understood if he missed another day of school for any reason before the end of the semester in January, he could be expelled. The family had just returned from an out-of-state, eight-day religious observance called the Feast of Tabernacles, celebrated by the United Church of God. . . . Under Indiana law there is no ruling as to whether children are to be excused for religious purposes, Neal said. The Indiana Department of Education holds firmly that it is not a reason to excuse students under Indiana law. . . . Students are allowed five days of excused absences per semester, Neal said. Excused absences include illness with a doctor's note, a death in the immediate family, quarantine or court appearance. Occasionally there may be an emergency in a family, Neal said. The principal may excuse a day to do that. After more than five absences, students must sign a letter acknowledging they understand they could be expelled. Some states provide a list of approved absences that are religious-based, but Indiana does not, Neal said. . . . ___ 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 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
Re: European Headscarve Case
The case is Leyla Sahin v. Turkey and you can find it by searching the European Court of Human Rights database at http://www.echr.coe.int/. If you select Judgments and decisions, then Search the caselaw, and then use university muslim headscarf as keywords in the textbox option it should be the first case that turns up in the cite list. Christine Corcos Associate Professor of Law Faculty Graduate Studies Program Supervisor Paul M. Hebert Law Center, Louisiana State University Associate Professor, Women's and Gender Studies Program LSU AM W325 Law Building 1 East Campus Drive Baton Rouge LA 70803 tel: 225/578-8327 fax: 225/578-3677 email: [EMAIL PROTECTED] Rick Duncan [EMAIL PROTECTED] To: Law Religion issues for Law Academics [EMAIL PROTECTED] comcc: (bcc: Christine A Corcos/ccorcos/LSU) Sent by:Subject: European Headscarve Case [EMAIL PROTECTED] ts.ucla.edu 08/06/2004 10:56 AM Please respond to Law Religion issues for Law Academics Does anyone have a citation to this case on headscarves? The link no longer works. Rick --- marc stern [EMAIL PROTECTED] wrote: A decision of the European Court of Human Rights upholding a rule banning headscarves in a university setting came down this week. It can be read at http://hudoc.echr.coe.int/hudoc/ViewHtml.asp?Item=9 http://hudoc.echr.coe.int/hudoc/ViewHtml.asp?Item=9Action=HtmlX=629155359 N Action=HtmlX=629155359N... Marc Stern ___ 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 = Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902 When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone. C.S.Lewis, Grand Miracle I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered. --The Prisoner __ Do you Yahoo!? Yahoo! Mail - You care about security. So do we. http://promotions.yahoo.com/new_mail ___ 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 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 [EMAIL PROTECTED] 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.
Re: FW: Interesting question: Portland Archdiocese Filing Chapter 11
I am posting some responses to the questions below from my colleague Jason Kilborn. His answers are in all caps. Christine Corcos Associate Professor of Law Faculty Graduate Studies Program Supervisor Paul M. Hebert Law Center, Louisiana State University Ok, here is an interesting one for all of you: -- Under Employment Division v. Smith applies, does the Archdiocese have a free exercise defense to, for the example, the appointment of a trustee or an examiner? I DON'T THINK SO. FIRST, A TRUSTEE OR EXAMINER PROBABLY WON'T BE APPOINTED UNLESS THE CHURCH IS GUILTY OF GROSS ECONOMIC MISMANAGEMENT (E.G., A LA ENRON). THAT'S NOT ITS PROBLEM (MASS TORTS ARE ITS PROBLEM), SO A TRUSTEE/EXAMINER IS UNLIKELY. IF ONE WERE APPOINTED, THOUGH, I DON'T SEE ANY CONFLICT BETWEEN THE ECONOMIC CONTROL A TRUSTEE WOULD IMPOSE AND THE FREE EXERCISE OF THE CHURCH'S RELIGION. CERTAINLY A CONNECTIION EXISTS--A TRUSTEE MIGHT SAY NO FUNDS TO X, Y, OR Z THAT THE BISHOP THINKS IS IMPORTANT, BUT I DON'T SEE THIS AS INTERFERENCE IN RELIGIOUS PRACTICE, AS OPPOSED TO INTERFERENCE IN ECONOMIC MATTERS ONLY TANGENTIALLY RELATED TO MATTERS OF RELIGION. -- Might the Archdiocese have any RFRA defense in a bankruptcy proceeding, post-Boerne? I DON'T THINK SO--AND I THOUGHT RFRA WAS DEEMED UNCONSTITUTIONAL YEARS AGO . . . . I DON'T SEE ANY BASIS FOR A RFRA CLAIM IF THE CHURCH SEEKS RELIEF IN BANKRUPTCY VOLUNTARILY IN ANY EVENT. -- If this is a voluntary proceeding, does that automatically finish any free exercise defenses the Archdiocese might otherwise have? I THINK SO, BUT YOU KNOW MORE ABOUT THE CON LAW STUFF THAN I. THE CHURCH HAS WAIVED SUCH OBJECTIONS BY SEEKING RELIEF AND SUBJECTING ITSELF TO INCREASED SUPERVISION AND OVERSIGHT--QUID PRO QUO. -- Does anyone know what would be included in the property of the estate? Religious relics? Schools? THIS IS A MATTER OF OREGON LAW, BUT MOST LIKELY EVERYTHING THE CHURCH OWNS IS PROPERTY OF THE ESTATE. ONLY INDIVIDUALS HAVE EXEMPTIONS TO AVOID THEIR BECOMING WARDS OF THE STATE. ORGANIZATIONS--INCLUDING CHURCHES--HAVE NO EXEMPTIONS UNDER GENERAL LAW. MAYBE OREGON HAS SOME SPECIAL CHURCH-PROPERTY EXEMPTION LAW, BUT I DOUBT IT. ANY IMMOVABLE (REAL) PROBABLY, LIKE SANCTUARIES AND SCHOOLS, IS MOST LIKELY NOT EXEMPT AND IS PROBABLY THE CHURCH'S ONLY VALUABLE PROPERTY. THIS DOES NOT MEAN THAT RELICS WILL BE SOLD TO THE HIGHEST BIDDER. IT JUST MEANS THAT CREDITORS WILL HAVE TO RECEIVE IN A PLAN AT LEAST AS MUCH AS THEY WOULD IF THE RELICS, SCHOOLS, ETC., WERE SOLD AND THE NET PROCEEDS DISTRIBUTED TO CREDITORS. -- Is the Archdiocese correct in treating this case as a mass tort-related bankruptcy, or does the unusual nature of the debtor make this a bad call? I DON'T SEE ANY OTHER WAY TO TREAT THE CASE, AND HOW YOU CALL IT IS ALL BUT IRRELEVANT. A DEBT IS A DEBT IN CHAPTER 11, AND CALLING THIS A MASS TORT CASE MIGHT EVEN IMPROVE THE CHURCH'S BARGAINING POSITION. ___ 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
RE: UU ministers arrested
NY CLS Dom Rel § 17 (2003) § 17. Clergyman or officer violating article; penalty If any clergyman or other person authorized by the laws of this state to perform marriage ceremonies shall solemnize or presume to solemnize any marriage between any parties without a license being presented to him or them as herein provided or with knowledge that either party is legally incompetent to contract matrimony as is provided for in this article he shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine not less than fifty dollars nor more than five hundred dollars or by imprisonment for a term not exceeding one year. I assume that the charges are brought based on the interpretation of the phrase with knowledge that either party is legally incompetent to contract matrimony as is provided for in this article. Christine Corcos Associate Professor of Law Paul M. Hebert Law Center, Louisiana State University Associate Professor, Women's and Gender Studies Program LSU AM W325 Law Building 1 East Campus Drive Baton Rouge LA 70803 tel: 225/578-8327 fax: 225/578-3677 home page: faculty.law.lsu.edu/ccorcos email: [EMAIL PROTECTED] David Cruz [EMAIL PROTECTED] To: [EMAIL PROTECTED], Law Religion issues for Law Academics Sent by:[EMAIL PROTECTED] [EMAIL PROTECTED] cc: (bcc: Christine A Corcos/ccorcos/LSU) ts.ucla.edu Subject: RE: UU ministers arrested 03/16/2004 11:33 AM Please respond to Law Religion issues for Law Academics On Tue, 16 Mar 2004, Gene Summerlin wrote: Do you know what the criminal charge is? I could certainly envision the state refusing to recognize the marriages performed by the ministers or, perhaps, the state revoking the ministers licensure, but what is the criminal law which they have broken? My understanding is that New York law prohibits the solemnization of unlawful marriages, where solemnization is required (in addition to a license) for a civil marriage. Solemnization may be performed by religious or government officials. David B. Cruz Professor of Law University of Southern California Law School Los Angeles, CA 90089-0071 U.S.A. ___ 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 ___ 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
