RE: New Jersey RLUIPA lawsuit

2016-11-22 Thread Kniffin, Eric N.
As Eric Rassbach mentioned, the Bush 43 administration brought a number of RLUIPA cases on behalf of Muslim religious groups. More broadly, the Civil Rights Division was given a leading role in the Bush administration’s tried to reach out to Muslim communities (and other groups mistaken for

RE: Zubik / Little Sisters - testing the scope via a hypothetical

2016-03-23 Thread Kniffin, Eric N.
From: religionlaw-boun...@lists.ucla.edu<mailto:religionlaw-boun...@lists.ucla.edu> [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Kniffin, Eric N. Sent: Tuesday, March 22, 2016 5:15 PM To: Law & Religion issues for Law Academics <religionlaw@lists.ucla.edu<mailto:religi

Re: Zubik / Little Sisters - testing the scope via a hypothetical

2016-03-22 Thread Kniffin, Eric N.
ed 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> [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Kniffin, Eric N. Sent: Tuesday, March 22, 20

Re: Zubik / Little Sisters - testing the scope via a hypothetical

2016-03-22 Thread Kniffin, Eric N.
ripture. But that does not mean courts cannot question the religious significance of the actions forbidden or required.) On Tue, Mar 22, 2016 at 11:57 AM, Kniffin, Eric N. <eknif...@lrrc.com<mailto:eknif...@lrrc.com>> wrote: Ira, I don't understand the distinction I think you are trying t

Re: Zubik / Little Sisters - testing the scope via a hypothetical

2016-03-22 Thread Kniffin, Eric N.
RA shows that the word "substantial" was added to permit this kind of inquiry -- that is, into the severity of religious impact on the complainant. Why should claims of "conscience" be exempt from this element of the statute? On Tue, Mar 22, 2016 at 8:49 AM, Kniffin

Re: Zubik / Little Sisters - testing the scope via a hypothetical

2016-03-22 Thread Kniffin, Eric N.
Actually, Doug, I don't think the petitioners in Zubik ever "say that the courts cannot question what counts as a religious burden.” They merely insist that courts cannot question the substance of their sincere religious belief, a point I assume you would agree with. But this is not to deny

Re: the unconstitutionality of barring Muslims from entering the U.S.

2015-12-11 Thread Kniffin, Eric N.
All too true! Eric N. Kniffin, Of Counsel Lewis Roca Rothgerber LLP 90 S Cascade Ave Suite 1100 | Colorado Springs, CO 80903-1662 (T) 719.386.3017 (F) 719.386.3070 eknif...@lrrlaw.com |www.LRRLaw.com On Dec 11, 2015, at 4:13 PM, Rick

RE: Religious organizations, tax-exempt status and same-sex marriage

2015-04-30 Thread Kniffin, Eric N.
. On Thu, Apr 30, 2015 at 3:54 PM, Kniffin, Eric N. eknif...@lrrlaw.commailto:eknif...@lrrlaw.com wrote: Eugene is exactly right. For many conservative Christian (Evangelical and Catholic) colleges, any intimate homosexual relationship would fall under a more general prohibition against sex outside

RE: Religious organizations, tax-exempt status and same-sex marriage

2015-04-30 Thread Kniffin, Eric N.
Eugene is exactly right. For many conservative Christian (Evangelical and Catholic) colleges, any intimate homosexual relationship would fall under a more general prohibition against sex outside of marriage. These schools believe all sex outside of marriage is unbiblical, a violation of one of

Re: Amazing what Hobby Lobby has wrought

2015-03-27 Thread Kniffin, Eric N.
Josh Blackman has done a good job of addressing claims that the Indiana RFRA goes beyond the original federal law: http://joshblackman.com/blog/2015/03/26/comparing-the-federal-rfra-and-the-indiana-rfra/ [cid:image001.gif@01D01458.B0F295B0] Eric N. Kniffin, Of Counsel Lewis Roca Rothgerber

RE: Administration to ‘Augment’ ACA Contraceptive Rules

2014-08-22 Thread Kniffin, Eric N.
Marty, The government does not believe that your third option is practicable. See 78 Fed Reg 39880: “Although some commenters addressed the solicitation for comments on whether and how to provide an accommodation for self-insured group health plans established or maintained by eligible

RE: Question about the President's executive order on sexual orientation discrimination

2014-07-23 Thread Kniffin, Eric N.
Marty is correct: Monday’s executive order leaves Section 204—the religious exemption Bush added in 2002—as is. The tweaks to the existing order are minor: in the only four places where the phrase “sex or national origin” appears (three times in 202 and once in 203), that phrase is amended to

RE: Is Discussion of Justices' Religion Off Limits?

2014-07-11 Thread Kniffin, Eric N.
Justice Alito was an AUSA from 77 to 81, prosecuting mainly drug trafficking and organized crime cases. I'm not sure whether he'd say the job entailed prosecuting ordinary people, but he surely performed the other tasks Paul lists. [cid:image001.gif@01CF9D14.96ECECD0] Eric N. Kniffin, Of