Re: And proselytizing Re: religious indoctrination

2004-06-03 Thread Steven Jamar
Don't forget discriminating. Although sometimes some people use words to label another's views negatively, or at least in the sense of I disagree, that is not the only (or main) way those same words are used outside the political arena, or at least inside academic or serious discussion groups.

Re: And proselytizing Re: religious indoctrination

2004-06-03 Thread RJLipkin
In a message dated 6/2/2004 10:34:11 PM Eastern Standard Time, [EMAIL PROTECTED] writes: The one I particularly like is the guy who condemns "beingjudgmental," which of course, requires a judgment. The above remark, I suspect, reveals the poverty of the 'reasoning' behind this sort

Gay Activists Threaten Church Tax-Exempt Status

2004-06-03 Thread Francis Beckwith
Title: Gay Activists Threaten Church Tax-Exempt Status Just got this from a friend. It is published by Focus on the Family, a conservative Christian outfit in Colorado Springs. Frank --- June 1, 2004 Church's Tax-Exempt Status Threatened by Steve Jordahl, correspondent Pro-homosexual

RE: Gay Activists Threaten Church Tax-Exempt Status

2004-06-03 Thread marc stern
Title: Gay Activists Threaten Church Tax-Exempt Status There really is nothing to the threat. Churches are free to take stands on political issues provided they do not spend a substantial amount on these activities. The late Dean Kelly obtained an internal IRS memo which indicted that

Re: Gay Activists Threaten Church Tax-Exempt Status

2004-06-03 Thread Marty Lederman
Title: Gay  Activists Threaten Church Tax-Exempt Status This appears to be the hot-button issue of the day, what with today's New York Times front-page story about Bush's attempt to use churches for electioneering (http://www.nytimes.com/2004/06/03/politics/campaign/03CHUR.html?hp), and the

Re: And proselytizing Re: religious indoctrination

2004-06-03 Thread RJLipkin
In a message dated 6/3/2004 9:05:59 AM Eastern Standard Time, [EMAIL PROTECTED] writes: I dont think it was fair of you to isolate my last sentencewhich, admittedly, I poorly phrased--from the larger point I was making: we use terms like judgmental, dogmas, sectarian, etc. in ways

RE: Gay Activists Threaten Church Tax-Exempt Status

2004-06-03 Thread Anthony Picarello
Title: Gay  Activists Threaten Church Tax-Exempt Status The "susbtantial" limit on lobbying does provide ample breathing room for most religious institutions, including any bona fide house of worship I could imagine. And there's probably no limit onreligious groups' advocacy re moral

RE: Gay Activists Threaten Church Tax-Exempt Status

2004-06-03 Thread marc stern
Title: Gay Activists Threaten Church Tax-Exempt Status The IRS has spoken reasonably authoritatively about this in its training manuals. By and large, unless the advocacy is express (vote against candidate Q because of their stand on.) pronouncements on policy in the air are not construed

RE: Gay Activists Threaten Church Tax-Exempt Status

2004-06-03 Thread marc stern
Title: Gay Activists Threaten Church Tax-Exempt Status My favorite example is this.Several years ago, Cardinal Law urged that it was a sin to vote for a candidate who supported abortion. Great uproar from the usual suspects. No critical comment at all when the then Bishop of San Diego said

RE: Parks will not block baptism

2004-06-03 Thread marc stern
No doubt persuaded by the discussion on this list Marc -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene Sent: Thursday, June 03, 2004 10:34 AM To: [EMAIL PROTECTED] Subject: Parks will not block baptism From:Volokh, Eugene To:

RE: Gay Activists Threaten Church Tax-Exempt Status

2004-06-03 Thread Douglas Laycock
I agree that the absolute limit on candidate advocacy is a problem. Of course it is a problem for all other non-profits as well, and the usual solution is to set up a political affiliate. The one other way in which churches are differently situated is the speech of the clergy. When the church

RE: Gay Activists Threaten Church Tax-Exempt Status

2004-06-03 Thread A.E. Brownstein
An interesting question. Let me pose another -- Should the law provide a different answer to this question for religious organization than it provides to other tax exempt, secular, nonprofit organizations that are grounded on, or espouse, particular moral principles. And a third, while I am at

Re: Religion Clauses question

2004-06-03 Thread Paul Finkelman
Since this is a list serve on law, I guess I misread your argument to include the idea that gay people should not be accorded the same rights as the rest of us, which would include the right of marriage, equal protection of the law, etc. If your position is merely that a religious person has

RE: Gay Activists Threaten Church Tax-Exempt Status

2004-06-03 Thread Berg, Thomas C.
I'm not sure about the following argument, but what do you think of it? The ban on lobbying can be circumvented by setting up a separate 501(c)(4) organization, which the Court in Regan said was relevant (if not crucial) to its constitutionality. Suppose that it doesn't cost much in terms of

RE: Gay Activists Threaten Church Tax-Exempt Status

2004-06-03 Thread A.E. Brownstein
Are restrictions on the political speech of clergy a constitutional problem for this particular issue (loss of a religious institution's tax exempt status) or more generally? For example, if the ban on political speech on military bases upheld in Greer v. Spock is applied to a member of the

RE: Religion Clauses question

2004-06-03 Thread Newsom Michael
If the sentence below were correct, then most civil rights laws would be wrong. Markets are not neutral, and it is necessary, from time to time, to intervene in order to protect important social interests -- like jobs, housing, education and the like. Or at least that is the way we have been

Re: Parks will not block baptism

2004-06-03 Thread JMHACLJ
No doubt. That and the successful but unintentional and uncoordinated pinscers maneuver accomplished the the ACLU and the ACLJ inseparate correspondence to the Park Authority. Jim Henderson Senior Counsel ACLJ ___ To post, send message to [EMAIL

RE: Gay Activists Threaten Church Tax-Exempt Status

2004-06-03 Thread Douglas Laycock
No. That's a rule about where you can speak, and it affects a bishop no differently than it affects Dr. Spock. There may be a secular case where a well known leader of a secular 501(c)(3) wants to speak himself, and the leader of his 501(c)(4) affiliate is not known to the public.

RE: Gay Activists Threaten Church Tax-Exempt Status

2004-06-03 Thread A.E. Brownstein
I'm not sure I fully understand this argument, but I don't know all that much about church doctrine or tax law. Can you help me, Tom. Is the argument that the religious leaders of certain faith communities are prohibited by church doctrine from serving in leadership positions or taking on

Re: Religion Clauses question

2004-06-03 Thread JMHACLJ
I have held my peace for a bit. But Professor Finkelman has fallen for a bait and switch tactic. The net result is that something the state calls marriage, defined according to its terms, is changed to suit something that homosexual activists call marriage, but which is, in nature and essence, a

Re: Gay Activists Threaten Church Tax-Exempt Status

2004-06-03 Thread Marty Lederman
I'm a bit unclear on one part of Doug's post. Are you saying, Doug, (i) that the church is differently situated because, unlike secular nonprofits, it can't (or realistically won't be able to) set up an affiliate through which to engage in political speech (if so, why is that true?), or,

Re: Religion Clauses question

2004-06-03 Thread Paul Finkelman
well, Jim, some countries do not define marriage that way at all; the French don't let the state do marriages. Indeed, I find it odd that people of serious faith would want the state involved in marriage; state defines marriage it then defines who can perform it. I am a devotee of ROger

Re: Religion Clauses question

2004-06-03 Thread Nathan Oman
This discussion puts me in mind of Waldron's observation about the difficulty of rights based discourse: Rights purport to be fundamental commitments to which we can appeal to neutrally resolve basic disputes, but what counts as a right is precisely what people disagree about. I suspect that

Re: And proselytizing Re: religious indoctrination

2004-06-03 Thread Francis Beckwith
Title: Re: And proselytizing Re: religious indoctrination Thanks Bobby. Its my fault for a bad choice of words. Frank On 6/3/04 9:42 AM, [EMAIL PROTECTED] [EMAIL PROTECTED] wrote: In a message dated 6/3/2004 9:05:59 AM Eastern Standard Time, [EMAIL PROTECTED] writes: I dont think it was