Re: State RFRAs and their equivalents

2015-12-05 Thread Douglas Laycock
ns that have, more or less, been construed to >incorporate Sherbert/Yoder? I know that many are compiled in Chris's 2010 >article. Anything more recent? > >Thanks in advance. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie

Re: Is Kim Davis complying with the injunction?

2015-09-19 Thread Douglas Laycock
al options >> to address these material alterations. >> >> >> ___ >> To post, send message to conlawp...@lists.ucla.edu >> To subscribe, unsubscribe, change options, or get password, see >> http://lists.ucla.edu/

Re: Assessing a Proposed Solution to the KY Case

2015-09-15 Thread Douglas Laycock
cense application presents uncertainties about >eligibility (proof of age, question of consanguinity, validity of prior >divorce, etc.) Deputy must now check with the other County, where protocols >may be different, access to Clerk not immediate, etc. I take this to be the >least

Re: Assessing a Proposed Solution to the KY Case

2015-09-13 Thread Douglas Laycock
gt;beliefs preclude the Rowan County Clerk's Office's from authorizing same-sex >marriages, regardless of whether there is a way to deliver Jefferson County >licenses to Rowan County residents with no additional delay. > >- Jim > > > > > > > > > >__

Re: What's happening in KY? -- wrong case, wrong parties

2015-09-06 Thread Douglas Laycock
ot)? Yes. But there >is also what I hope is an attempt to reach a principled position. I certainly >wouldn't encourage anyone to become a member of the Santeria Church or to >drink hoasca tea as part of a religious ritual, but I support the Court's >decision in both cases. > &g

Re: Belated congratulations

2015-06-18 Thread Douglas Laycock
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. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie

Re: 8th Cir. upholds exclusion of religious schools from playground safety funds

2015-06-01 Thread Douglas Laycock
of Souter's position -- that this was unconstitutional no matter how the government went about it -- than of O'Connor's distinction between per capita distribution and true private choice. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie

Re: 8th Cir. upholds exclusion of religious schools from playground safety funds

2015-05-31 Thread Douglas Laycock
. 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. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road

Re: Louisiana Update: Gov. Jindal Will Support Marriage Conscience Act (specific exemption, not a RFRA)

2015-04-08 Thread Douglas Laycock
by proponents of the exemptions. - Jim Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 ___ To post, send message to Religionlaw@lists.ucla.edu

Re: FW: Eugene's Blog Post on Liberals and Exemption Rights

2015-04-06 Thread Douglas Laycock
should be rejected, as they have been at the appellate level. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 ___ To post, send message

Re: Eugene's Blog Post on Liberals and Exemption Rights

2015-04-01 Thread Douglas Laycock
/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. Douglas Laycock Robert E. Scott

Re: Amazing what Hobby Lobby has wrought

2015-03-28 Thread Douglas Laycock
that state RFRAs are important to that goal. That’s precisely why sports leagues, pharmaceutical companies, technology companies, and even certain houses of worship are reacting so strongly to the Indiana RFRA. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law

Re: Amazing what Hobby Lobby has wrought

2015-03-28 Thread Douglas Laycock
. I know that is true of some of the ACLU lawyers who have brought RFRA claims for clients; I obviously have no way to know, but it may well be true of Hillary Clinton. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road

Re: Amazing what Hobby Lobby has wrought

2015-03-28 Thread Douglas Laycock
the main Utah bill, SB 296. http://www.hrc.org/blog/entry/after-gop-legislature-passes-s.b.-296-governor-to-sign-key-protections-for http://www.hrc.org/blog/entry/a-night-to-celebrate-in-utah On Sat, Mar 28, 2015 at 9:20 AM, Douglas Laycock dlayc...@virginia.edu wrote: The demand for a total carve

Re: Homeschooling, vaccinations, and Yoder

2015-02-02 Thread Douglas Laycock
the finding of most political scientists, i.e., that legislators care far, far more about being re-elected and remaining in good graces with their political party than with what courts might say several years down the pike. Douglas Laycock Robert E. Scott Distinguished Professor of Law

Re: Vaccine objectors

2015-01-31 Thread Douglas Laycock
states require vaccinations simplicitur? Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 ___ To post, send message to Religionlaw

Garrett Epps on the death of Al Smith

2014-12-10 Thread Douglas Laycock
not exclude peyote claims from RFRA. Neither did it explicitly include them. The whole theory of RFRA was to enact a single standard that would apply equally to all claims. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville

Re: Garrett Epps on the death of Al Smith

2014-12-10 Thread Douglas Laycock
(and in other places) included any participants from the NAC. Bill W. A. Wildhack III PCUSA minister, Florida lawyer, Navy Chaplain On Wed, Dec 10, 2014 at 9:58 AM, Douglas Laycock dlayc...@virginia.edu wrote: Not the presidential candidate, but the lead plaintiff in Employment Division v. Smith. http

RE: I would not have enacted this statute - Justice Scalia on RLUIPA

2014-10-19 Thread Douglas Laycock
. But that’s a different issue. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Levinson

RE: I would not have enacted this statute - Justice Scalia on RLUIPA

2014-10-19 Thread Douglas Laycock
. And then RFRA’s text says that the statute’s purpose is to restore the compelling interest test as set forth in Sherbert and Yoder, and no one claims it was watered down there. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie

RE: Is it possible that rights of both same-sex couples and vendors who object on religious grounds could be protected?

2014-10-09 Thread Douglas Laycock
it. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Ira Lupu Sent

RE: Holt v. Hobbs Oral Argument

2014-10-08 Thread Douglas Laycock
allusions; I couldn’t find his first one, looking quickly at counsel table. Alito made fun of the switched identity argument too., Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546

Re: Holt v. Hobbs Oral Argument

2014-10-07 Thread Douglas Laycock
of Law Hamline University School of Law 1536 Hewitt Avenue Saint Paul, MN 55104 U.S.A. 651.523.2124 (work phone) 651.523.2236 (work fax) mfailin...@hamline.edumailto:mfailin...@hamline.edu (email) Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580

FW: Update on Preventive Services Regulations

2014-08-22 Thread Douglas Laycock
The government links may be overloaded. The Amazon links below worked for me. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 Interim Final Rule for Non-profits

RE: Administration to ‘Augment’ ACA Contraceptive Rules

2014-08-22 Thread Douglas Laycock
their insurance plans, pay the fines, an give their employees a pay increase to cover the cost of insurance on the exchanges? Or is it something different? Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903

Re: On a different strand of the seamless web

2014-07-06 Thread Douglas Laycock
/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. Douglas Laycock Robert E. Scott

Re: On a different strand of the seamless web

2014-07-06 Thread Douglas Laycock
be an exemption issue for a corporation From: Douglas Laycock dlayc...@virginia.edu To: Paul Finkelman paul.finkel...@yahoo.com; Law Religion issues for Law Academics religionlaw@lists.ucla.edu; Scarberry, Mark mark.scarbe...@pepperdine.edu Sent: Sunday, July 6, 2014 11

RE: Hobby Lobby Question

2014-06-30 Thread Douglas Laycock
Will do. I think overblown rhetoric from both sides was to be expected. It was not my case; I just filed an amicus brief. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546

RE: Simple Hobby Lobby question

2014-06-11 Thread Douglas Laycock
. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: Daniel J. Greenwood [mailto:daniel.greenw...@hofstra.edu] Sent: Wednesday, June 11, 2014 4:55 PM To: Douglas Laycock; Law

Re: Simple Hobby Lobby question

2014-06-11 Thread Douglas Laycock
or not, and however modified by Federal limitations on the rights of employers – could be a Free Exercise right, and or limiting it a burden on Free Exercise. From: Douglas Laycock [mailto:dlayc...@virginia.edu] Sent: Wednesday, June 11, 2014 5:09 PM To: Daniel J. Greenwood; 'Law Religion issues for Law

Re: Simple Hobby Lobby question

2014-06-10 Thread Douglas Laycock
to others. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change

RE: Divisiveness

2014-06-09 Thread Douglas Laycock
. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Hillel Y. Levin Sent: Monday, June

Re: Hobby Lobby/Ellen Katz

2014-06-08 Thread Douglas Laycock
. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options

Re: Does UVA have its own Regnerus scandal?

2014-05-25 Thread Douglas Laycock
Professor University of Georgia School of Law 120 Herty Dr. Athens, GA 30602 (678) 641-7452 hle...@uga.edumailto:hle...@uga.edu hillelle...@gmail.commailto:hillelle...@gmail.com SSRN Author Page: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=466645 Douglas Laycock Robert E. Scott

RE: Size Limits on Businesses That Can Obtain Religious Exemptions (was Oregon Ballot Title: Religious Exemptions Same-Sex Couples)

2014-05-14 Thread Douglas Laycock
. This is not something that can be delegated to a clerk or a store manager in an individual store somewhere; this is a decision the owners must make themselves. I have a brief due next week and will likely not respond to further comments. Douglas Laycock Robert E. Scott Distinguished Professor

RE: States prohibiting churches from sanctioning same-sex marriage

2014-05-10 Thread Douglas Laycock
of the Catholic ceremony in North Carolina. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu

RE: States prohibiting churches from sanctioning same-sex marriage

2014-05-09 Thread Douglas Laycock
The principal source of ambiguity is that §51-7 goes on to provide an exception for couples who are married by a judge and later have a religious ceremony as well. Hard to see why that exception was needed if no one thought the law reached purely religious ceremonies. Douglas Laycock Robert E

RFRA and Corporations

2014-04-02 Thread Douglas Laycock
with testimony I gave at the time. Just in case anyone cares, I have responded to the claim of inconsistency here: http://www.vanderbiltlawreview.org/content/articles/2014/03/Laycock_Response .pdf Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law

RE: letter opposing Mississippi RFRA

2014-03-12 Thread Douglas Laycock
, and it is a view with enormous moral weight. I really don't think that their objection is so mysterious or difficult to understand. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From

RE: letter opposing Mississippi RFRA

2014-03-11 Thread Douglas Laycock
up in the Supreme Court, which is far from assured, there is little reason to think they would be replicated in other contexts. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546

RE: letter opposing Mississippi RFRA

2014-03-11 Thread Douglas Laycock
to use it, and the government didn't try to make the Church or those who followed its teaching have anything to do with it. The litigation arose when the second half of that implicit agreement broke down. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law

RE: letter opposing Mississippi RFRA

2014-03-11 Thread Douglas Laycock
interest to courts because legislatures are incapable of anticipating or resolving conflicts between law and religion on a case by case basis. The cases are too diverse. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road

Re: letter opposing Mississippi RFRA

2014-03-11 Thread Douglas Laycock
. Athens, GA 30602 (678) 641-7452 hle...@uga.edu hillelle...@gmail.com SSRN Author Page: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=466645 Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243

Re: letter opposing Mississippi RFRA

2014-03-11 Thread Douglas Laycock
or wrongly) forward the messages to others. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 ___ To post, send message to Religionlaw@lists.ucla.edu

Re: Definition of discrimination.

2014-03-01 Thread Douglas Laycock
attention yourselves. Whether or not you had a duty to disclose it (in light of your postings on the subject), norms of professional courtesy and candor certainly pointed that way. I'm disappointed that you failed to do so. Douglas Laycock Robert E. Scott Distinguished Professor of Law University

RE: Protecting Religious Conscience from Private Suits -- How far do we go under the Const and under RFRAs?

2014-02-27 Thread Douglas Laycock
, it may have a RFRA or free exercise defense, depending on what you are suing about. If a rule of law substantially burdens the synagogue’s exercise of religion, it is not just you who imposes the burden; it is the rule of law. Douglas Laycock Robert E. Scott Distinguished Professor of Law

RE: Subject: Re: Kansas/Arizona statutes protecting for-profit businesses

2014-02-26 Thread Douglas Laycock
conservatives. Hardly any political actors appear to be interested in protecting the liberty of both sides. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: religionlaw

RE: Subject: Re: Kansas/Arizona statutes protecting for-profit businesses

2014-02-26 Thread Douglas Laycock
is seriously evil. They don’t want personal services from that guy anyway. They want that guy to change his religious views or to go out of business. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA

RE: Subject: Re: Kansas/Arizona statutes protecting for-profit businesses

2014-02-26 Thread Douglas Laycock
, or runs a drug den or a house of prostitution, the property is at risk and the landlord is on the hook in many states. It is not so odd for these small landlords to feel morally responsible for what they allow on their property. Douglas Laycock Robert E. Scott Distinguished Professor of Law

RE: Subject: Re: Kansas/Arizona statutes protecting for-profit businesses

2014-02-26 Thread Douglas Laycock
the wedding planners in a community refuse to do gay weddings, then all of them lose their exemption. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: religionlaw-boun

RE: Subject: Re: Kansas/Arizona statutes protecting for-profit businesses

2014-02-26 Thread Douglas Laycock
Glad to hear it. One more inaccurate fact from the press coverage here. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: religionlaw-boun...@lists.ucla.edu

Re: The Arizona bill and Hobby Lobby

2014-02-26 Thread Douglas Laycock
messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546

Disregard previous post

2014-02-26 Thread Douglas Laycock
I think I got confused by Marci's pronouns and misunderstood. Please delete the post below. On Wed, 26 Feb 2014 21:18:59 -0500 Douglas Laycock dlayc...@virginia.edu wrote: Now New York Times is not a speech case. Will wonders never cease. On Wed, 26 Feb 2014 19:51:14 -0500 Marci Hamilton

RE: RLPA history for RLUIPA

2014-02-21 Thread Douglas Laycock
have to show that they are developing the property for the purpose of religious exercise and that they use or intend to use the property for religious exercise. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road

RE: recommended Hobby Lobby posts

2014-02-20 Thread Douglas Laycock
is the testimony supporting RLPA in 98 and 99. I'll put that in a separate post. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw

RE: recommended Hobby Lobby posts

2014-02-20 Thread Douglas Laycock
was thinking about, or predicting judicial reaction to, a case like this. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw

Re: Edited Version of Hobby Lobby and/or Not-for Profit Cases for Teaching?

2014-02-17 Thread Douglas Laycock
, be willing to share your Mandate teaching materials? I can promise my immense gratitude and a packet of Australian cookies in the mail as thanks! Best, Zoe Zoe Robinson Associate Professor of Law DePaul University College of Law 25 E. Jackson Blvd. Chicago, IL 60604 Ph - 312-362-8541 Douglas

RE: Hobby Lobby/Conestoga Wood briefs -- and an historical question

2014-02-16 Thread Douglas Laycock
, and the persons subject to that potential coercion , both for-profit and not-for-profit, are given a right to refuse to participate on grounds of conscience. And if anyone was unable to find Ore. Rev. Stat. 127885, put a decimal point after 127. It will work much better. Douglas Laycock Robert E

RE: Hobby Lobby/Conestoga Wood briefs -- and an historical question

2014-02-16 Thread Douglas Laycock
. It is not the same issue as whether we have ever recognized for-profit conscience. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: religionlaw-boun...@lists.ucla.edu

Hobby Lobby/Conestoga Wood briefs -- and an historical question

2014-02-16 Thread Douglas Laycock
Fair enough. But they have been protected by statute. If your original question went more to compelling interest than to for-profit conscience, then I may have misunderstood the question. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School

Re: Notre Dame-- where's the complicit participation? Sincerity

2014-02-16 Thread Douglas Laycock
Marci A. Hamilton Paul R. Verkuil Chair in Public Law Benjamin N. Cardozo School of Law Yeshiva University 55 Fifth Avenue New York, NY 10003 (212) 790-0215 http://sol-reform.com Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie

Re: Notre Dame-- where's the complicit participation? Sincerity

2014-02-16 Thread Douglas Laycock
On Feb 16, 2014, at 3:45 PM, Douglas Laycock dlayc...@virginia.edumailto:dlayc...@virginia.edu wrote: No doubt the Board and senior administration speaks for Notre Dame. But on faith and morals, they may (and may be expected to or required to) take their guidance from the bishops. There is no doubt

Notre Dame-- where's the complicit participation? Sincerity

2014-02-15 Thread Douglas Laycock
on that issue, but they are not entitled to judicial abdication. They have rarely gotten the abdication that Notre Dame seeks, and very often, they have gotten skepticism bordering on hostility instead of deference. Douglas Laycock Robert E. Scott Distinguished Professor of Law University

RE: Posner on oral advocacy in religion case

2014-02-14 Thread Douglas Laycock
for lawyers is to play by the usual rules. But if you think you can create an exception, you have to know what judge you are talking to. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243

The government's brief

2014-01-11 Thread Douglas Laycock
Footnote 2 of the government's brief appears to disclaim, and rebut, the view that large employers are free to drop health insurance and pay the taxes. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA

RE: The government's brief

2014-01-11 Thread Douglas Laycock
Aah! I think that's right. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf

The polygamy opinion

2013-12-19 Thread Douglas Laycock
applies Lawrence v. Texas to cohabitation with multiple partners. The opinion is here: https://ecf.utd.uscourts.gov/cgi-bin/show_public_doc?211cv0652-78 Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903

RE: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-12 Thread Douglas Laycock
and a Speech Clause violation. It becomes permissible only if it is government speech -- and then only if government is permitted to endorse the truth claims of a particular faith. These are two different issues. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia

RE: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-09 Thread Douglas Laycock
to save it under Lynch. Of course the three-plastic-reindeer rule is dubious. But treating this as government speech doesn’t seem dubious at all. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903

Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-08 Thread Douglas Laycock
observed that truth wins a fair fight - which is why we have evidence rules in U.S. courts. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546

RE: The clergy-penitent privilege and burdens on third parties

2013-12-07 Thread Douglas Laycock
. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Levinson, Sanford V Sent

RE: Does substantial matter?

2013-12-03 Thread Douglas Laycock
attitude, the presence or absence of substantial makes the difference. I don't think there are many. Michael Masinter's example is clearly not such a case; more on that shortly,. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie

Warner v. City of Boca Raton

2013-12-03 Thread Douglas Laycock
that in order to state a claim that the government has infringed upon the free exercise of religion, a plaintiff must only establish that the government has placed a substantial burden on a practice motivated by a sincere religious belief.” 887 So.2d at 1031-32 (emphasis in original). Douglas Laycock

Re: Warner v. City of Boca Raton

2013-12-03 Thread Douglas Laycock
Professor of Law Fort Lauderdale, FL 33314 Nova Southeastern University 954.262.6151 (voice) masin...@nova.edu954.262.3835 (fax) Quoting Douglas Laycock dlayc...@virginia.edu: Michael cites Warner v. Boca Raton, 887 So.2d 1023 (Fla. 2004

Re: The clergy-penitent privilege and burdens on third parties

2013-12-03 Thread Douglas Laycock
an Establishment Clause violation, on the grounds that it imposes an excessive burden on Barbara? And if it isn't, then why would the application of the hypothetical exemption from the employer mandate an Establishment Clause violation in Anita's case? Eugene Douglas Laycock Robert E. Scott Distinguished

RE: Letter of 16 law professors in support of removing substantial as modifier of burden in state RFRAs

2013-12-02 Thread Douglas Laycock
with that suggestion, but I don't know that, because they were not asked to sign the second letter. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: hamilto...@aol.com

RE: Letter of 16 law professors in support of removing substantial as modifier of burden in state RFRAs

2013-12-02 Thread Douglas Laycock
against government interest; Chris Lund's recent post better documents that explanation. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: hamilto...@aol.com mailto:hamilto

RE: Letter of 16 law professors in support of removing substantial as modifier of burden in state RFRAs

2013-12-02 Thread Douglas Laycock
Thanks. A more informed version of what I said in the second letter to the TX legislature. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: religionlaw-boun

RE: The Establishment Clause, burden on others, the employer mandate, and the draft

2013-12-02 Thread Douglas Laycock
from n over however many million in the denominator to n + 1 over that denominator. Considered at that stage, the increase was infinitesimal. Somewhere there was a guy who got drafted who otherwise would not have been, but it was impossible to identify that person. Douglas Laycock Robert E

RE: The Establishment Clause, burden on others, the employer mandate, and the draft

2013-12-02 Thread Douglas Laycock
the number of conscientious objectors and Mormon missionaries. Only the latter could be attacked with Establishment Clause arguments. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546

RE: The Establishment Clause, burden on others, the employer mandate, and the draft

2013-12-02 Thread Douglas Laycock
be in the same proportion as the number of all the other classes ahead of Mark and behind Mark. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: religionlaw-boun

Re: Letter of 16 law professors in support of removing substantial as modifier of burden in state RFRAs

2013-12-01 Thread Douglas Laycock
to others. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe

Re: Ministerial Housing Allowance Ruled Unconstitutional

2013-11-28 Thread Douglas Laycock
that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546

RE: Discrimination under Title VII and RFRA (was Patently Frivolous)

2013-11-27 Thread Douglas Laycock
They are not. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 -Original Message- From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf

RE: Discrimination under Title VII and RFRA (was Patently Frivolous)

2013-11-27 Thread Douglas Laycock
the Pill and these are devout Catholics. Marci A. Hamilton Verkuil Chair in Public Law Benjamin N. Cardozo Law School Yeshiva University @Marci_Hamilton On Nov 27, 2013, at 12:46 PM, Douglas Laycock dlayc...@virginia.edu wrote: They are not. Douglas Laycock Robert E. Scott

RE: 1764 Rhode Island incest law exemption for uncle-niece marriages among Jews

2013-10-15 Thread Douglas Laycock
put it in as the date of the law. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf

Re: 1764 Rhode Island incest law exemption for uncle-niece marriages among Jews

2013-10-15 Thread Douglas Laycock
-4 Len Zanger - Original Message - From: Douglas Laycock dlayc...@virginia.edu To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu Sent: Tuesday, October 15, 2013 5:39:11 PM Subject: RE: 1764 Rhode Island incest law exemption for uncle-niece marriages among Jews

Re: 1764 Rhode Island incest law exemption for uncle-niece marriages among Jews

2013-10-15 Thread Douglas Laycock
, at 1:51 AM, Douglas Laycock dlayc...@virginia.edu wrote: Still on the books today, after the 2013 same-sex marriage legislation. On Tue, 15 Oct 2013 23:03:04 + (UTC) Len campquest...@comcast.net wrote: This. Evidently the law is still on the books as of 2009. http://www.lawserver.com

RE: Oxford Journal of Law and Religion

2013-08-27 Thread Douglas Laycock
Some solicitor has run amuck. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf

RE: Harmony and the freedom of religion (RE: New Twist On Challenge to ACA Contraceptive Mandate)

2013-08-19 Thread Douglas Laycock
that a general right to exemptions was not a significant issue for them; it is a mistake to read them as talking about that issue when they do not do so explicitly. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA

RE: New Twist On Challenge to ACA Contraceptive Mandate

2013-08-16 Thread Douglas Laycock
with the realities or expectations of middle class life, and I think a few states have changed it by statute. But that's the background law that underlies this discussion. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA

RE: Closely-held corporations, owners of corporations, and RFRAs

2013-08-06 Thread Douglas Laycock
developing country. When I'm exposed in the press and subjected to intense public criticism, I just say: It's not me. It's a corporation. I don't think my critics would be the least bit mollified. They would still view me as morally responsible, as well they should. Douglas Laycock Robert E

RE: Contraception mandate

2013-08-01 Thread Douglas Laycock
in the middle is a fairly detailed analysis of the recently published Final Rules on the contraception mandate, which also “tries to speak sanely.” Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA

RE: Contraception mandate

2013-08-01 Thread Douglas Laycock
. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of James Oleske Sent: Thursday

RE: Contraception mandate

2013-08-01 Thread Douglas Laycock
Sorry. The first sentence below was supposed to say there were cases that the religious objectors deserved to win. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From

Re: Contraception mandate

2013-08-01 Thread Douglas Laycock
/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. Douglas Laycock Robert E

[no subject]

2013-06-13 Thread Douglas Laycock
to the public without charge. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe

Re: it still goes on -- harassment for refusing to say the pledge of allegiance

2013-05-22 Thread Douglas Laycock
, Jr., (1964, on accepting the Nobel Peace Prize) Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 ___ To post, send message to Religionlaw

RLUIPA prison cases

2013-04-22 Thread Douglas Laycock
them I would ask around. Nominations invited; self nominations included. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 ___ To post

RE: RLUIPA prison cases

2013-04-22 Thread Douglas Laycock
I would too, and I'll give them those names. But I don't think they want a plaintiffs' lawyer. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: religionlaw-boun

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