I asked one of my colleagues who is a student of the legislative process
to comment on Prof. Brownstein's view of law-making (see below). Here
is what he had to say:
Ellis: There is plenty of literature on this subject, from the
standpoint of interest groups and legislative decision making. For
I completely agree with Alan these issues are not black and white.
The question is the lesser of two evils in determining accommodation: the courts
or the legislature. I think it is very hard to argue the courts are better
suited to make such a determination than a legislature. That is not
I dont get the argument
that individual victims of religious conduct or the public good are
rarely at the table in [religious freedom] litigation. Sometimes
they are directly at the table in that its a tort or other civil suit by
a plaintiff affected by religious conduct. Even if its a
This is not responsive to
Tom's point. Why are the courts better than legislatures at balancing the
competing interests when the legislature is accused of going to far for
religion, but not when it is accused of not doing enough?
I would have the courts take a second look in both
cases,
Title: Message
The question is not whether *only* religious persons or groups should be
given *across-the-board*
exemptions. First, exemptions can be granted for medical or physiological
reasons. Consider exemptions against a no-beard requirement. Some
people (including this writer) would
Michael Newsom writes: The text of the Religion Clauses has to mean
something: there is something distinctive about religion, enough to
warrant the inclusion of 16 words in the text of the First Amendment.
Certainly the text of the Religion Clauses must mean something.
But why couldn't
Title: Message
One might ask, why should those who object
to the majority's views on religion alone be given across-the-board
exemptions from the majority's views taught to their children in public
schools? My third-grade daughter is subject to being taught about all sorts of
things that
Title: Re: Public Good
Thanks Marci. I appreciate it. Sorry for not replying more promptly. Its mid-term, spring-break season here at Baylor and Ive been very busy.
Have you been approached by these federalist society folks in Seattle to debate me on teaching intelligent design in public
Sorry for the last message, my listserve friends. I meant it to be sent
privately to Marci. My bad.
Take care,
Frank
--
Francis J. Beckwith
Associate Professor of Church-State Studies Associate Director
J. M. Dawson Institute of Church-State Studies, Baylor University
Email: [EMAIL PROTECTED]
