Re: Locke v. Davey and expanded free exercise rights

2004-03-05 Thread Brian Landsberg
] [mailto:[EMAIL PROTECTED] Behalf Of [EMAIL PROTECTED] Sent: Tuesday, March 02, 2004 8:49 AM To: [EMAIL PROTECTED] Subject: Re: Locke v. Davey and expanded free exercise rights I think Alan has made an interesting point here. The footnote states that at least in some respects

Re: Locke v. Davey and expanded free exercise rights

2004-03-02 Thread Hamilton02
I think Alan has made an interesting point here. The footnote states that "at least in some respects, [Washington's] constitution provides greater protection of relgious liberties than the Free Exercise Clause." First, I don't think it is unconstitutional for state constitutions, anymore than the

RE: Locke v. Davey and expanded free exercise rights

2004-03-02 Thread AJCONGRESS
-Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]On Behalf Of [EMAIL PROTECTED] Sent: Tuesday, March 02, 2004 8:49 AM To: [EMAIL PROTECTED] Subject: Re: Locke v. Davey and expanded free exercise rights I think Alan has made an interesting point here. The footnote states

RE: Locke v. Davey and expanded free exercise rights

2004-03-02 Thread Brian Landsberg
- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Behalf Of [EMAIL PROTECTED] Sent: Tuesday, March 02, 2004 8:49 AM To: [EMAIL PROTECTED] Subject: Re: Locke v. Davey and expanded free exercise rights I think Alan has made an interesting point here. The footnote states that at least

Re: Locke v. Davey and expanded free exercise rights

2004-03-02 Thread Hamilton02
Marc makes a good and perfectly fair point. The question for me is the relative balance of the burdens. Where there is a generally applicable law, that means that there is some harm the legislature was trying to prevent. Where it imposes a burden on religious entities, I think it is perfectly

Re: Locke v. Davey and expanded free exercise rights

2004-03-02 Thread Richard Dougherty
:[EMAIL PROTECTED] Behalf Of [EMAIL PROTECTED] Sent: Tuesday, March 02, 2004 8:49 AM To: [EMAIL PROTECTED] Subject: Re: Locke v. Davey and expanded free exercise rights I think Alan has made an interesting point here. The footnote states that at least in some respects, [Washington's

Re: Locke v. Davey and expanded free exercise rights

2004-03-02 Thread A.E. Brownstein
Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Behalf Of [EMAIL PROTECTED] Sent: Tuesday, March 02, 2004 8:49 AM To: [EMAIL PROTECTED] Subject: Re: Locke v. Davey and expanded free exercise rights I think Alan has made an interesting point here. The footnote states

Re: Locke v. Davey and expanded free exercise rights

2004-03-02 Thread Richard Dougherty
to the secular burden? Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Behalf Of [EMAIL PROTECTED] Sent: Tuesday, March 02, 2004 8:49 AM To: [EMAIL PROTECTED] Subject: Re: Locke v. Davey and expanded free exercise rights I think

Re: Locke v. Davey and expanded free exercise rights

2004-03-01 Thread A.E. Brownstein
, in Locke. -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Sent: Thursday, February 26, 2004 2:16 PM To: [EMAIL PROTECTED] Subject: Re: Locke v. Davey and expanded free exercise rights On the one hand, Alan is absolutely correct that the Court refers to expansive

Re: Locke v. Davey and expanded free exercise rights

2004-03-01 Thread Hamilton02
I wonder, Alan, if you could play this out a bit for me. Locke v. Davey stands for the proposition that disestablishment principles support carving back on benefits to religious groups from an otherwise generally applicable scheme. At the same time, it says those disestablishment principles do not

RE: Locke v. Davey and expanded free exercise rights

2004-03-01 Thread Roman Storzer
-Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: Monday, March 01, 2004 2:06 PM To: [EMAIL PROTECTED] Subject: Re: Locke v. Davey and expanded free exercise rights I wonder, Alan, if you could play this out a bit for me. Locke

RE: Locke v. Davey and expanded free exercise rights

2004-03-01 Thread AJCONGRESS
: Locke v. Davey and expanded free exercise rights Congress was not even thinking of other landowners, because it is clueless when it comes to land use law. Its only foray into land use has been to enforce equality norms in the federal housing laws, not to meddle with setback, traffic, and height

Re: Locke v. Davey and expanded free exercise rights

2004-03-01 Thread Hamilton02
In a message dated 3/1/2004 4:42:08 PM Eastern Standard Time, [EMAIL PROTECTED] writes: 1,Congress was not clueless because the issue of impacts on communities was discussed in hearings Besides, many members of Congress started their political careers on zoning boards. I missed that when I read

Re: Locke v. Davey and expanded free exercise rights

2004-03-01 Thread Hamilton02
Had O'Connor written the opinion, I would have agreed with you, because she looks at cases case-by-case. But that is not the Chief's style. He has laid out those instances in which strict scrutiny applies, and all the examples he gives, he gives under the heading of hostility/animus. He is very

RE: Locke v. Davey and expanded free exercise rights

2004-03-01 Thread Newsom Michael
PROTECTED] Subject: Re: Locke v. Davey and expanded free exercise rights Had O'Connor written the opinion, I would have agreed with you, because she looks at cases case-by-case. But that is not the Chief's style. He has laid out those instances in which strict scrutiny applies, and all

Re: Locke v. Davey and expanded free exercise rights

2004-03-01 Thread A.E. Brownstein
Sorry for not being clearer, Marci. I'm not focusing on the holding in Locke but only on the note about expansive free exercise rights under the Washington constitution. I thought from some earlier posts quite a while back that you believed that religious exemptions that were not limited to

Re: Locke v. Davey and expanded free exercise rights

2004-02-27 Thread Hamilton02
04 2:16 PM To: [EMAIL PROTECTED] Subject: Re: Locke v. Davey and expanded free exercise rights On the one hand, Alan is absolutely correct that the Court refers to expansive state constitutional rights. On the other hand, the Court dramatically narrows the usefulness of Lukumi in atta

Locke v. Davey and expanded free exercise rights

2004-02-26 Thread A.E. Brownstein
I was particularly pleased with footnote 8 in the majority opinion that pointed out that Washington provides greater free exercise protection than the federal constitution. Conceptually, this resonates with the argument that there an important connection or equilibrium in interpreting the

RE: Locke v. Davey and expanded free exercise rights

2004-02-26 Thread AJCONGRESS
PROTECTED] [mailto:[EMAIL PROTECTED]On Behalf Of [EMAIL PROTECTED] Sent: Thursday, February 26, 2004 2:16 PM To: [EMAIL PROTECTED] Subject: Re: Locke v. Davey and expanded free exercise rights On the one hand, Alan is absolutely correct that the Court refers to expansive state constitutional

Re: Locke v. Davey and expanded free exercise rights

2004-02-26 Thread Marty Lederman
m. - Original Message - From: [EMAIL PROTECTED] To: [EMAIL PROTECTED] Sent: Thursday, February 26, 2004 2:15 PM Subject: Re: Locke v. Davey and expanded free exercise rights On the one hand, Alan is absolutely correct that the Court refers to expansive state c