RE: Noteworthy, puzzling scholars' brief in Arlene Flowers

2016-10-11 Thread Laycock, H Douglas (hdl5c)
Of course many couples weddings are entirely secular; in the very large ARIS survey in 2008, 30% of married Americans said that they were not married in a religious ceremony. But to those that believe that marriage is inherently a religious relationship, ordained by God and defined by

Re: "California Court Issues TRO Against Kaporos Practices"

2016-10-11 Thread Volokh, Eugene
Those interested in the California Kaporos case might want to check out Prof. Josh Blackman’s amicus brief, https://www.scribd.com/document/327148724/Brief-Amicus-Curiae-of-Professor-Joshua-Blackman-in-United-Poultry-Concerns-v-Chabad-of-Irvine, which argues that there’s no

Re: Religious accommodation schemes and discriminatory practices

2016-10-11 Thread Marty Lederman
Exemption requests? Huh? There's no indication that the employer here had a rule that you must shake the boss's hand, or that the employee sought --let alone was denied -- an exemption from such a (nonexistent) rule. But if an employer were so stupid as to impose such a rule, then yes, I

Re: "California Court Issues TRO Against Kaporos Practices"

2016-10-11 Thread Michael Masinter
Josh, Excellent work within extremely short time constraints. Mike From: religionlaw-boun...@lists.ucla.edu on behalf of Volokh, Eugene Sent: Tuesday, October 11, 2016 8:30:01 AM To: Law & Religion

Religious accommodation schemes and discriminatory practices

2016-10-11 Thread Volokh, Eugene
I thought I’d pass along another post from Howard Friedman -- any thoughts on how religious accommodation schemes (whether RFRA-like or Title-VII-like) should deal with religiously motivated refusals to shake hands with members of the opposite sex? Should there be a categorical

Re: Noteworthy, puzzling scholars' brief in Arlene Flowers

2016-10-11 Thread Roger Severino
The argument that the definition of marriage centers on the sex of the spouses and not their sexual orientation was a point that was in fact noticed and discussed by the Court. "CHIEF JUSTICE ROBERTS: Counsel, I'm -- I'm not sure it's necessary to get into sexual orientation to resolve the

Re: Religious accommodation schemes and discriminatory practices

2016-10-11 Thread Eric Rassbach
Recently there have been a number of "handshake" incidents in Germany, but as far as I can tell mostly in the school context, e.g.: http://www.independent.co.uk/news/world/europe/teachers-walk-out-of-school-ceremony-in-protest-after-muslim-pupil-refuses-to-shake-class-mistress-a7133961.html

RE: Religious accommodation schemes and discriminatory practices

2016-10-11 Thread Volokh, Eugene
My question is what should happen if there is such a rule, not necessarily what should happen in such a case. And my sense is that such rules are likely pretty common, even if usually unstated. There are two norms, as I understand them, in American business life