I'm not quite sure exactly how the distinction between
denominational religious beliefs and ethical religious precepts
quite works here. The bills involved here, after all, dealt not with
abstract theology, but with matters that very much relate to ethical
religious precepts -- abortion
I don't want to kill of another dead horse, BUT my point is that both
Turner and RLUIPA in the prison context now reside in the netherworld of
intermediate scrutiny, rather than either end of the spectrum. I stand by
my analysis that once the Court introduces "legitimate" into the
At 02:18 AM 6/6/05 -0700, you wrote:
Perhaps the outrage should come the other way -- where is the outcry from
members of the congregation at opening the doors of the church to the
politicians? What effect has such a rally on the 501(c)(3) status of the
church (Texas has an interesting law
In a message dated 6/7/2005 8:58:13 AM Eastern Standard Time,
[EMAIL PROTECTED] writes:
I stand
by my analysis that once the Court introduces "legitimate" into the
rationality review contextAND then applies it with bite as has happened
under Turner, it is no longer the sort of
Marci,
I don't think it's beating a dead horse to carefully
examine the merits of a novel and controversial theory
-- in this case, your proposed Turner/RLUIPA
standard.
Indeed, I think the discussion in this instance has
proven the value of extended debate. Unless I'm
mistaken, you are now
How does a court separate out Perry's taking the Governor's business to church? Rick Perry has the right to say he likes the faith community at Z church/synagogue/mosque. But when the Governor of the State of Texas endorses the action by taking the state's official business there, is there no
This is a noble gesture,
but it doesn't succeed in establishing that Turner / O'Loneis any more
demanding than rational basis scrutiny. (Again, I wish it were otherwise,
and I want to be persuaded that it is, but I can't honestly claim that it is the
current state of the law.)
Yes, a
We seem to be two ships passing in the night on this one.
Of course, official policy may conform to theological views opposing murder
and the like. My point is that there are other theological precepts, such
as beliefs about the existence, nature, and worship of G-d which have no
real secular
