Re: Kansas/Arizona statutes protecting for-profit businesses

2014-02-21 Thread Penalver, Eduardo
What's interesting about the Az bill is that it does not facially target same sex couples - it seems to just extend the state RFRA to disputes among private parties. I don't think Romer would really apply. On the other hand, it's not clear that it would accomplish what its proponents want.

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

2014-02-16 Thread Penalver, Eduardo
There is a huge difference between the Church's teaching on contraception (which is clear), and its views on the permissibility of participating in an insurance scheme that covers contraception for employees who would likely already purchase it using their paychecks, let alone the

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

2014-02-16 Thread Penalver, Eduardo
I agree with Rick on both points. (FWIW, in her book on Catholic teaching in contraception, I believe Leslie Tentler identified 5-6 kids as the more standard size for CathoIic families who followed Church teaching.) But I think the issue becomes even more complicated once you move beyond

Re: On implausible burdens

2014-02-15 Thread Penalver, Eduardo
Thanks, Rick -- For me, the problem with the ND claim is precisely the opposite. If the beliefs of the group were more unfamiliar, I'd be less puzzled and more likely to defer to the group's own description of the burden. As a Catholic, I feel more entitled to probe, and as a consequence I

Re: Supreme Court Issues Compromise Injunction Pending Appeal In Contraceptive Mandate Case

2014-01-24 Thread Penalver, Eduardo
Not how this is being reported, but I agree. On Jan 24, 2014, at 4:35 PM, Marci Hamilton hamilto...@aol.commailto:hamilto...@aol.com wrote: It looks like the Court told them to do what they said they didn't want to do. Marci Marci A. Hamilton Verkuil Chair in Public Law Benjamin N. Cardozo

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

2013-12-09 Thread Penalver, Eduardo
And then there's Florida: A nearly 6-foot-tall Festivushttp://www.orlandosentinel.com/topic/arts-culture/holidays/festivus-EVFES1076.topic pole made from empty beer cans will be put up in the Florida Capitol this week as a not-so-subtle protest to the recent placement of a Christmas

Re: New Mexico decision and other First Amendment expression

2013-08-23 Thread Penalver, Eduardo
that they think is wrong (or maybe that they think is just too far wrong). Eugene From: religionlaw-boun...@lists.ucla.edumailto:religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Penalver, Eduardo Sent: Thursday, August 22, 2013 9:05 PM

Re: New Mexico decision and other First Amendment expression

2013-08-23 Thread Penalver, Eduardo
wrong). Eugene From: religionlaw-boun...@lists.ucla.edumailto:religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edumailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Penalver, Eduardo Sent: Thursday, August 22, 2013 9:05 PM To: Law Religion issues

Re: New Mexico decision and other First Amendment expression

2013-08-23 Thread Penalver, Eduardo
). Eduardo M. Peñalver John P. Wilson Professor of Law University of Chicago Law School E. 60th Street Chicago, IL 60637 penal...@uchicago.edu (773) 702-3959 (phone) (773) 702-0730 (fax) From: Penalver, Eduardo penal...@uchicago.edumailto:penal...@uchicago.edu Reply-To: Law Religion issues for Law

Re: New Mexico decision and other First Amendment expression

2013-08-23 Thread Penalver, Eduardo
of restriction (mandating photos irrespective of views on war) would meet the same analysis. On Fri, Aug 23, 2013 at 8:19 AM, Penalver, Eduardo penal...@uchicago.edumailto:penal...@uchicago.edu wrote: From the majority opinion: The Barnette Court noted that the dissenting students’ choice not to salute

Re: New Twist On Challenge to ACA Contraceptive Mandate

2013-08-15 Thread Penalver, Eduardo
Next up, a lawsuit demanding to be paid in currency that can't be used to buy contraception. Eduardo From: Friedman, Howard M. howard.fried...@utoledo.edumailto:howard.fried...@utoledo.edu Reply-To: Law Religion issues for Law Academics

Re: Marriage -- the Alito dissent

2013-06-30 Thread Penalver, Eduardo
I'm relatively new to this list, but can you possibly believe this?: The morality of homosexual relationships can only be maintained by someone who is unaware of - or ignores - the arguments that are actually made. On Jun 30, 2013, at 8:41 PM, Esenberg, Richard