Can they really using zoning laws to determine
the content of meetings held on the property? It would seem to me
that, unless the ordinance also bans barn dances, weddings, family reunions,
or any other large gatherings, this would require strict scrutiny, even
under Smith, and I'm not sure how
Nonsense. The number of people
who believe they have the responsibility to bash in gay heads
is a minute percentage of those whose faith teaches that sexual intimacy
is reserved for heterosexual monogamous marriage, just as those who blow
up abortion clinics are a minute percentage of those faith
When Mr. Hoag compares AA to a cult
preying upon the most vulnerable of people, he demonstrates his willingness
to distort the nature of AA, and he loses the benefit of the doubt on all
that follows. There may well be constitutional problems with courts
mandating AA attendance, but I'll consider
*soapbox mode on*I read stories like
this, and I say to myself that it's no wonder so many people think conservative
Christians are intolerant idiots. Doesn't this guy understand that
stupid things like this accomplish nothing other than leaving a mess for
others to clean up? *soapbox mode off*
What books would you recommend for non-lawyers
such as myself who want to have as full an understanding of the first amendment
religion clauses as they can outside of being able to attend law school?
I'm thinking something that would not only address the significant
cases and issues, but would
I was having a discussion with a friend
of mine about the recent O Centro case, and in the course of discussion,
he said that Employment Division v. Smith did not get rid of the free exercise
rule proceeding from Sherbert v. Verner because Smith was only about unemployment
compensation and not
There was an interesting column in today
campus paper about the hostility in certain places on our campus (a state
university) toward conservative Christians (and, in fact, conservatives
in general, although it's the hostility based on the student's religion
which is germane to this list). One of
Does this decision affect Employment Division Vs.
Smith? The quote below makes it sound like it is revisiting the same
issue. One can only hope!
Brad
Mark Tushnet wrote on 02/21/2006 09:12:53 AM:
the Court ruled unanimously that the government may not ban
a religious
from using a herbal tea
Jean Dudley wrote on 01/26/2006 06:03:25 PM:
I'm one of those likeminded individuals. I've known
folks who hold
that homosexuality is wrong, and yet managed to refrain from insulting,
intimidating, berating, harassing and threatening homosexuals. In
fact, they even stand up AGAINST that
I'm not entirely clear about what you're saying here.
I don't think I said anything about assuming individuals are having
sex outside of heterosexual marriage. I was talking about whether
or not it is bigotry to say that sex outside of heterosexual marriage is
wrong. You are absolutely right that
We have the pink triangles here at the University of Nebraska,
too (http://www.unl.edu/health/peereducation/ally.html) but I personally
believe that they have nothing to do with safety. If people aren't
safe because they're gay, straight, Christian, atheist, male, female, or
any other reason at
Ed Brayton wrote:
I think you're presuming here what you can't possibly know. You don't know
what the motivations are of the people who want those signs to go up. How
do you know that they're not genuinely concerned about the amount of bullying
that goes on of anyone presumed to be gay? I've
So much for the oft-repeated myth that
opponents of intelligent design simply want to keep ID out of the science
classrooms. When I read this article, it seemed pretty clear that
groups like Americans United aren't going to be content with that. They
seem to want to make sure that any student in
Larry,
I've been trying to find a way to explain
your statements as being merely uninformed as opposed to malicious and
hateful. When you say things like There's no business like
shoah business, though, you leave the reasonable observer no choice
but to understand that you are a bigot.
As far as
My last response, after which I will follow our list
custodian's gentle reminder.
Larry Darby wrote on 01/03/2006 10:54:41 AM:
Like too many Americans, you apparently are not as informed as to
the issues as others.
Like too many people of all nationalities, you appartenly
do not realize
Perry wrote on 12/21/2005 01:54:14 PM:
It is therefore consistent with
at least the bare bones of
ID theory that the designer was evil, or a practical joker, or a
child-god who designed us as part of the heavenly equivalent of a
kindergarten art project.
Or that an omniscient God who
The judge wrote, Those who disagree
with our holding will likely mark it as the product of an activist judge.
If so, they will have erred as this is manifestly not an activist Court.
Has there ever been a Court that admitted
that it WAS activist? Is there a decision somewhere that says, This
An atheist advocacy group sued the
Utah Highway Patrol and Utah Department of Transportation on Thursday seeking
the removal of large steel cross memorials from state property that honor
troopers killed in the line of duty.
American Atheists Inc. contends the placement
of the crosses, which
Shameful and shocking. This is the
story as it appeared in the KU campus newspaper.
http://www.kansan.com/stories/2005/dec/06/mirecki/
I completely agree with the following quote
from the article:
Sen. Kay OConnor (R-Olathe), who has
strongly criticized Mirecki for his e-mails, said whoever
I was under the impression that free speech
was considered a universal human right, not merely an American notion,
regardless of whether governments acknowledge it as such or not.
And I cannot even begin to conceive of a
good and sufficient reason for putting people in jail because
they have
I agree completely. I actually
wrote a piece about the problems of hate crime legislation a few years
ago myself (http://www.geocities.com/onemanwatching/archive/se292000.html).
William Raspberry (a columnist I rarely find myself agreeing with)
also wrote a column about it as well
Marc,
I think it is a victory (albeit a very small
one) for ID supporters because it means a textbook publisher had the nerve
to acknowledge that many people do not believe in evolution. And
Americans United is undoubtedly unhappy that not every publisher is drinking
the koolaid.
Marty,
Isn't it
Marty,
My apologies if you felt the _expression_ I
used was in poor taste and inappropriate. While I view the _expression_
differently, I can understand why a person would view it as you do, and
I'll refrain from using it here again.
As to the biology text in question, it's
certainly
Joel Sogol wrote on 11/22/2005 05:16:14
AM:
The Alabama Supreme Court upheld a lower court's decision granting
a
Madison County father custody of his 6-year-old daughter, based in
part on evidence the child had been beaten and alienated from her
family.
The only relevant thing I saw here
in
Eugene wrote on 11/21/2005 11:18:15 AM:
For instance, does it mean Congress shall make no law totally
prohibiting all religion, so that no religion may be practiced?
If so,
Congress could outlaw Catholicism, on the theory that it's not
prohibiting religion generally, only one religion.
For
To me, this ban seems rather difficult
to justify. To say that an RA can't host a bible study in his home
on campus is absurd. They try to say that the RA could host it off-campus,
but that if the studies continued,
students might not find them 'approachable' or might fear they'd be 'judged
or
Jim Henderson wrote on 11/04/2005 12:39:02 PM:
I found the NYAG's myopic failure to
recognize the value of hospitals, universities, savings and loan
institutions, soup kitchens, vocational rehabilitation programs,
benevolence funds, etc., to be offensive.
It sort of reminds me of the old
Michael,
Isn't it possible that the justices
will simply advance what they believe the law to say? It sounds like
you are suggesting that they all lack the integrity to rule justly based
on existing law, regardless of whether or not their faith teaches that
the law is right. I know that, as an
An excellent article, in my opinion,
one that those on both the right and the left would do well to consider.
http://www.christianitytoday.com/ct/2005/011/18.96.html
Brad___
To post, send message to Religionlaw@lists.ucla.edu
To subscribe,
Joel,
Not that Rick needs me to defend him,
but I don't think this is a fair characterization of what Rick has said.
He's been quite explicit that, if a person doesn't want to discuss
the issue, then nobody should force the discussion. And he hasn't
even come close to suggesting that there is
Venezuela's President Chavez has announced
that they will be expelling missionaries working with New Tribes Missions.
I was afraid that he might use Pat Robertson's remarks as a justification
for something like this. That, of course, doesn't make Chavez's action
legitimate. It just gave him PR
I haven't heard this story in the news anywhere, but given
the media's general distaste for anything evangelical, I'm not surprised.
The sad thing is that it takes litigation (or the threat thereof)
to compel universities to do the right thing.
Marty Lederman wrote on 10/19/2005 11:34:46 AM:
Yes, of course, the private club has a right (although
not a
constitutional one, I'd argue) to exclude from membership any
persons who are sexually active outside marriage (which is what the
settlement apparently involves).
As I read the
on 10/19/2005 04:44:14 PM:
On Oct 19, 2005, at 2:00 PM, Brad M Pardee wrote:
Every campus has a percentage of its student body which would
be
ineligible for membership in some organizations. Are the
College
Republicans required to be allowed to join the College Democrats
and
serve
Apples and oranges. Race and gender
are not behaviors. The CLS clearly said that they did not seek to
exclude people on the basis of their sexual orientation but rather on the
basis of their sexual behavior, regardless of orientation. What you
describe is a situation where a Christian group is
Ed wrote on 10/18/2005 02:55:42 PM:
If a student asks
whether evolution contradicts with religion, what possible answer
could
a teacher give other than something like, Opinions vary. Some
religious
views are incompatible with it and some are not, but the fact that
there
are thousands of
respond to
Law Religion issues for Law Academics religionlaw@lists.ucla.edu
To
Law Religion issues for Law Academics
religionlaw@lists.ucla.edu
cc
Subject
Re: Air Force sued over religious intolerance
Brad,
let me quote what you quoted:
On Oct 6, 2005, at 1:52 PM, Brad M Pardee
Chip,
Denigration would need to be clearly
defined. I know that there are those who would say that it is denigrating
to simply say you believe a person's faith is wrong, but there's an important
distinction. When two different religions teach things that are mutually
exclusive, then either one
http://news.yahoo.com/s/ap/20051006/ap_on_go_ca_st_pe/academy_religion
A couple things particularly caught my attention
in this article.
1) There have been complaints at the
academy that a Jewish cadet was told the Holocaust was revenge for the
death of Jesus and that another Jew was called a
Steve,
It may be that I've been fortunate in the people I've
had around me. I was raised Presbyterian, and I don't remember hearing
anything said there about Jews at all unless we were talking about Old
Testament history and things like that. As an evangelical, I've heard
that there were
Marci,
My concern is about this case is that the
plaintiff's request seems to go beyond addressing the problem that is described.
It's one thing to prohibit attempts to involuntarily convert
[and] pressure the cadets, and those should be prohibited. A
prohibition on attempts to exhort or persuade
Alan,
I think it would all depend on the nature
of the relationship. I can look to my own experience on this. While
in high school, it was a teacher who first shared the gospel with me. Some
would consider that impermissable. In hindsight, though, I can say
without question that, when my parents
Based on what they are describing in
this article, this sounds like it should qualify as a secular purpose that
doesn't excessively tangle church and state. Does it seem likely
to pass Constitutional muster in your opinions (separate from whether you
believe it SHOULD pass Constitutional muster)?
There is an AP story on Yahoo News (http://news.yahoo.com/s/ap/20050920/ap_on_re_eu/pope_sued)
about a priest sexual abuse case in Texas which raises First Amendment
questions I've not heard discussed before. According to the article,
The U.S. Justice Department has told a Texas court that a
If you're not able to watch tv during the day but
can listen online, the Roberts hearing is being webcast live at http://www.kcet.org
Brad___
To post, send message to Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change options, or get
If the present administration expects to
be seen as an advocate for religious freedom, it had better intervene on
behalf of Mr. Li. This story is from Christianity Today.
Brad
U.S. Denies Asylum for Persecuted Chinese Christian
Court believes
It seems to me, though, that there are
going to be people who object to the views of any commencement speaker
who goes beyond Hallmark greeting card platitudes. The person who
strongly supports the war in Iraq isn't likely to appreciate a speaker
along the lines of a Michael Moore. The person who
/2005 09:55:59 AM:
On Sep 2, 2005, at 10:39 AM, Brad M Pardee wrote:
It seems to me, though, that there are going to be people who
object
to the views of any commencement speaker who goes beyond Hallmark
greeting card platitudes. The person who strongly supports
the war
in Iraq isn't
I'm not sure there is anything the governor
could have done in the time it took to issue a call to prayer that wasn't
already being done. And in time of crisis, like 9/11 or Hurricane
Katrina or anything else of such a devastating magnitude, there are many
of us who find a call to prayer as
Michael Newsom wrote:
The relevant question is whether
students at religious schools that proselytize socialize less well than
others. Inner city Catholic schools do not proselytize their non-Catholic
students. The fact of racial and religious tension in all too many
public schools is a given.
Particularly susceptible? Is this like
when the Washington Post said that followers of the religious right are
largely poor, uneducated, and easy to command? The FACT
is that there are a ton of e-mail hoaxes out there. I get them sent
to me. Things like this as well as warnings about a tax on
Somebody else has also told me that
it was in the news at the time. I try to stay aware of these cases
in the news, and I hadn't heard anything, unlike Employment Division Vs.
Smith, Boerne Vs. Flores, and cases like that. That being the case,
if you tell me it was in the news, I'll take your
Steve Jamar wrote on 08/04/2005 10:04:08 AM:
On Aug 4, 2005, at 10:46 AM, Rick Duncan wrote:
The doctrine of salvationby grace through faith in Christ
is a
doctrine of love and forgiveness. It is not an intolerant doctrine.
It is open to everyone.
When people say that theirs is
Art Spitzer wrote on 08/03/2005 01:34:26 PM:
(I hope no one finds the following offensive. If anyone does,
he or
she might bear in mind that some of us find ID offensive.)
I can understand what you might not agree with ID.
I can even understand why you might be offended by the way in which
The application of the free exercise
clause as you describe it would be no guarantee of free exercise at all.
Holding an opinion or a belief is not an exercise of anything. The
clause doesn't say the free belief in religion but the free exercise of
religion, which is clearly descriptive of an
That's true, there are those who do believe
in God, and it's also true that this does not make intelligent design science.
That's why I referred tosome realms of the scientific community.
I'm just saying that, among those who ARE hostile to the idea of
the supernatural, there is no explanation
The primary difference between the two
potentially motivating fears is that the legal system can be deceived
as to whether or not one is telling the truth, so John Q. Witness might
believe that he could perjure himself and get away with it. An omniscient
supreme being, on the other hand, would
Interesting case. I haven't heard a complaint about
this before. This is from Raleigh, North Carolina's News
Observer.
Brad
-
ACLU sues over court oaths
Lawsuit asks state to rule that the term
The North Carolina chapter of
John Lofton wrote on 07/28/2005 11:06:41 AM:
Exodus 20:1-3: And God spake all these words, saying, I am the
LORD
thy God, which have brought thee out of the land of Egypt, out of
the house of bondage.Thou shalt have no other gods before me.
---
John Lofton.
But unless you are suggesting
Interesting article in the LA Times
about how John Roberts would handle a situation where the law requires
him to issue a judgment that violates the teachings of his faith. If
their account of the conversation is true (and we all know the mainstream
media ALWAYS gets its facts straight before
Ed Brayton wrote on 07/26/2005 10:33:00 AM:
I would submit that the founders believed that all rights are recognized
but not created. The founding premise of this nation is that we are
all
endowed with rights which pre-exist governments and that the purpose
for
which governments are
Douglas Laycock wrote:
... But when the pastor
simply says something, about an issue or a candidate, there is no
marginal cost in dollars and no possible way to run his speech through
the political affiliate. The effect of an absolute ban on endorsements
is simply to censor the speech of a
John Lofton wrote on 07/25/2005 03:36:28 PM:
One thing I'd like to hear you folks who know a lot more about
everything than I do discuss is this dismissal by many of personal
views as irrelevant. Does anybody think it would not matter,
and be
relevant, if Roberts, or any such nominee, in
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