Re: Statement on Religious Liberty from USCCB

2012-04-16 Thread Marci Hamilton
This is a statement of their preferred public policy not constitutional law. Marci On Apr 13, 2012, at 6:47 AM, Marty Lederman lederman.ma...@gmail.com wrote: The Conference of Catholic Bishops just issued this major Statement on Religious Liberty:

RE: Court upholds prison no-pork policy against Establishment Clause challenge

2012-04-16 Thread Volokh, Eugene
Maybe it would and maybe it wouldn't, but I don't think that makes the purpose religious, or makes the effect primarily the advancement of religion (whatever primary effect might mean); it just suggests that the policy might prove counterproductive relative to the secular

RE: Court upholds prison no-pork policy against Establishment Clause challenge

2012-04-16 Thread Volokh, Eugene
Well, Ellis was arguing that “the issue” was whether “RFRA and RLUIPA ... are secular in purpose and effect.” I read Cutter as concluding that they are, though indeed particular accommodations implemented out of a desire to avoid RLUIPA litigation might not be.

Re: Court upholds prison no-pork policy against Establishment Clause challenge

2012-04-16 Thread Marci Hamilton
Cutter only addressed the facial Establishment Clause attack on the prison provisions of RLUIPA. It did not protect any particular program or exemption from attack Marci On Apr 12, 2012, at 7:19 PM, Volokh, Eugene vol...@law.ucla.edu wrote: Maybe it would and maybe it

RE: Statement on Religious Liberty from USCCB

2012-04-16 Thread Paul Horwitz
I'm sorry there haven't been more responses to this thread. May I point out that Mirror of Justice has, unsurprisingly, had some very interesting discussions of the statement in the last few days. I don't agree with all of them but have found the discussion excellent. For myself, I find the