Reply Brief in Bass v. Madison (RLUIPA case)

2004-06-09 Thread Marty Lederman
Virginia Reply Brief in RLUIPA Case Virginia has filed its Reply Brief in support of its petition in No. 03-1404, Bass v. Madison, arguing that the Court should grant certiorari not only on the question of the Establishment Clause challenge to RLUIPA (a question that both the

New Legislation on Church Tax-Exempt Status

2004-06-09 Thread Marty Lederman
From today's Washington Post (http://www.washingtonpost.com/ac2/wp-dyn/A26244-2004Jun8?language=printer): House Republican leaders have tacked on to a major jobs bill a provision that would give religious leaders more freedom to engage in partisan politics without endangering the tax-exempt

RE: Gay Activists Threaten Church Tax-Exempt Status

2004-06-09 Thread Berg, Thomas C.
I won't quarrel about Rust, which I'm not fond of as a constitutional decision in the first place -- as Marty originally noted, it gives too little consideration to the spillover cost involved in segregating constitutionally protected activity into an entirely different entity or facility from the

The quid pro quo theory

2004-06-09 Thread Volokh, Eugene
I've always been puzzled about this quid pro quo theory of the Religion Clauses. There is no religion as a source of values and beliefs; there are *religions* (or denominations) as a source of values and beliefs. Many of them may share many values, but they will also differ on many values and