Re: Basketball tournaments on the Sabbath

2012-03-03 Thread Richard D. Friedman
The TAPPS website, http://www.tapps.net/, indicates that they agreed to let Beren play when presented with the papers, before they were actually filed. But the lawyer who signed the complaint -- which included the application for the TRO -- confirmed to me that the papers were indeed filed.

Basketball tournaments on the Sabbath

2012-03-03 Thread Douglas Laycock
Some of you may have seen the story in the Times the other day about the Beren Hebrew Academy in Houston, whose basketball team has reached the state semi-finals of the Texas Association of Private and Parochial Schools tournament. The semifinal game was scheduled for tonight; the Academy is

Christian group denied recognition at UNC-Greensboro

2012-03-03 Thread Brad Pardee
http://radio.foxnews.com/toddstarnes/top-stories/lawsuit-university-ordered -christian-club-to-allow-non-christian-leaders.html http://radio.foxnews.com/toddstarnes/top-stories/lawsuit-university-ordered- christian-club-to-allow-non-christian-leaders.html From what I understand and have learned

RE: Basketball tournaments on the Sabbath

2012-03-03 Thread Alan Brownstein
A somewhat similar lawsuit was litigated by students attending the Portland Adventist Academy (and their parents) against the Oregon State Activities Association which is a state actor. After 8 years of litigation, the students succeeded in their state anti-discrimination claims. See Nakashima

FW: Answering Eugene's hypos

2012-03-03 Thread Volokh, Eugene
My apologies for the delay replying to Mark's response. Two quick thoughts: (1) Mark's response is carefully tailored to the manslaughter hypothetical, but doesn't deal with the claimed testimonial privilege hypothetical, the antidiscrimination law hypothetical, the copyright law

RE: Basketball tournaments on the Sabbath

2012-03-03 Thread Douglas Laycock
This morning's story in the Times confirms the unreconstructed Texans theory. It looks like the conservative evangelical schools have taken control of this organization, and tolerance of diversity has never been one of their strengths. Douglas Laycock Robert E. Scott Distinguished Professor of

Re: Basketball tournaments on the Sabbath

2012-03-03 Thread Marci Hamilton
Lots of Catholics go to Saturday evening mass. Relevant? On Mar 3, 2012, at 2:55 PM, Alan Armstrong alanarmstrong@verizon.net wrote: My understanding is that Jewish and 7th day adventists consider sabbath as going from sundown on Friday to sundown on Saturday. I do not know of any

RE: Basketball tournaments on the Sabbath

2012-03-03 Thread Volokh, Eugene
The trouble with “common sense” is that it often points in different directions. Common sense tells us there is real value to following rules with no exceptions, so that one doesn’t have to later deal with questions of “you accommodated them, why don’t you accommodate” us (even

RE: Basketball tournaments on the Sabbath

2012-03-03 Thread Rick Garnett
If only common sense -- and an accommodating spirit, respect for religious liberty, a tolerance and even appreciation for diversity and pluralism -- of the kind that seems to have won the day with the TAPP, and that most on this list are (rightly) celebrating, were playing a similar role in the

Re: Basketball tournaments on the Sabbath

2012-03-03 Thread Marci Hamilton
I'm sure it goes without saying that Rick is incorrect about Smith. It did not gut anything It was a case of first impression in the Court's eyes and rightly so. That is what the historical record at the Court establishes clearly. Folks can dislike Smith but lets at least nuance the

Re: Basketball tournaments on the Sabbath

2012-03-03 Thread Richard D. Friedman
Say what? Although I'm a member of this list, I don't follow the law in this area closely, but I know enough that Smith limited Sherbert -- or at least it sure appeared to do so, and Congress sure thought so in purporting to restore religious freedoms after Smith. I assume Marci has a

RE: Basketball tournaments on the Sabbath

2012-03-03 Thread Douglas Laycock
Well, I thought the e-mail below was going only to one person. So let me provide more context for the comment. Of course there are many tolerant people in the evangelical movement, including lawyers who do great work on behalf of religious liberty for all. They understand that religious liberty