Custody and religion - non believers are going to hell

2005-11-22 Thread Joel Sogol
From todays Tuscaloosa News- Court's custody order draws Parker dissent on religious grounds By SAMIRA JAFARI Associated Press Writer November 21. 2005 5:46PM Email this story. Print this story. The Alabama Supreme Court upheld a lower court's decision granting a Madison County

Re: Bronx Household of Faith v New York Schools

2005-11-22 Thread JMHACLJ
In a message dated 11/21/2005 6:28:34 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: Many of the church-planting initiatives involve using the school the entire weekend, or at least almost all of Sunday. In 1992, at Garfield Elementary School, a church planting initiative here

Re: Discrimination

2005-11-22 Thread Gene Garman
Professor Laycock, James Madison did discuss the establishment and free exercise clauses in his Report on the Virginia Resolutions and explained the obvious, that is, the First Amendment was a limitation on the power of the national government, specifically Congress. Regardless of any wording

Re: Discrimination

2005-11-22 Thread Will Linden
Your repeated invocation of Webster's seems to claim that there is a One True Dictionary, which is to be accepted as legal authority. Webster's Third International does not contain the word totally in either definition of prohibit. But perhaps that is not the Webster's that Madison

Re: Custody and religion - non believers are going to hell

2005-11-22 Thread Brad M Pardee
Joel Sogol wrote on 11/22/2005 05:16:14 AM: The Alabama Supreme Court upheld a lower court's decision granting a Madison County father custody of his 6-year-old daughter, based in part on evidence the child had been beaten and alienated from her family. The only relevant thing I saw here in

Re: Discrimination

2005-11-22 Thread JMHACLJ
In a message dated 11/22/2005 9:09:05 A.M. Eastern Standard Time, [EMAIL PROTECTED] writes: Webster's Third International does not contain the word "totally" in either definition of "prohibit". But perhaps that is not the "Webster's" that Madison purportedly "expected" people to use?

Madison on Abridge and Prohibit

2005-11-22 Thread Douglas Laycock
You can't duck by pointing to the Article I part of Madison's argument and ignoring the First Amendment part. The structure of his argument was that speech and religion were equally protected by the lack of any Article I power to regulate them, and that the First Amendment could not be read

General Usage on Abridge and Prohibit

2005-11-22 Thread Douglas Laycock
There are really two possible distinctions between abridge and prohibit. The Reagan Administration argued that "prohibit" means a criminal prohibition, and possibly express prohibitions enforced by civil penalties, but that it does not include mere burdens, such as loss of general welfare

Kansas and Intelligent Design: A Twist

2005-11-22 Thread Christopher C. Lund
of the department, in explaining the class, said this, Creationism is mythology . . . Intelligent design is mythology. It's not science. They try to make it sound like science. It clearly is not.) It's the next step in the intelligent design/evolution fight. http://news.yahoo.com/s/ap/20051122

Re: Kansas and Intelligent Design: A Twist

2005-11-22 Thread David E. Guinn
/ap/20051122/ap_on_re_us/intelligent_design_course Does anyone on the listserv see a potential Establishment Clause problem here? Let me be provocative. Surely, the University of Kansas cannot teach that intelligent design is false, right? Government cannot pass directly on the truth

E-mail Address

2005-11-22 Thread Douglas Laycock
Chris, send me your new e-mail. It doesn't show when you come through religionlaw-bounces. I apologize to the list for bothering everyone else with this message. Douglas Laycock University of Texas Law School 727 E. Dean Keeton St. Austin, TX 78705 512-232-1341 (phone) 512-471-6988

Re: Kansas and Intelligent Design: A Twist

2005-11-22 Thread Ed Brayton
://news.yahoo.com/s/ap/20051122/ap_on_re_us/intelligent_design_course Does anyone on the listserv see a potential Establishment Clause problem here? Let me be provocative. Surely, the University of Kansas cannot teach that intelligent design is false, right? Government cannot pass directly on the truth

RE: Kansas and Intelligent Design: A Twist

2005-11-22 Thread Douglas Laycock
/evolution fight. http://news.yahoo.com/s/ap/20051122/ap_on_re_us/intelligent_design_cou rse Does anyone on the listserv see a potential Establishment Clause problem here? Let me be provocative. Surely, the University of Kansas cannot teach that intelligent design is false, right

RE: Kansas and Intelligent Design: A Twist

2005-11-22 Thread marty . lederman
this, Creationism is mythology . . . Intelligent design is mythology. It's not science. They try to make it sound like science. It clearly is not.) It's the next step in the intelligent design/evolution fight. http://news.yahoo.com/s/ap/20051122/ap_on_re_us/intelligent_design_cou rse

Re: Kansas and Intelligent Design: A Twist

2005-11-22 Thread Ed Brayton
Douglas Laycock wrote: Well, yes and no. Ed's examples are all cases where religions make claims about the natural world: claims within the domain of science to investigate and within the domain of government to respond to. When religion makes claims that are more exclusively religious --

Re: Kansas and Intelligent Design: A Twist

2005-11-22 Thread Steven Jamar
Well, a course being offered by a faculty member at a university which teaches just about anything is not going to be treated as governmental establishment is it? Surely a university professor could teach that all religions are bunk without the professor or university running afoul of the

RE: Kansas and Intelligent Design: A Twist

2005-11-22 Thread Volokh, Eugene
Hmm -- would a course at a public university called Why Christianity is the True Religion be constitutionally permissible? -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Steven Jamar Sent: Tuesday, November 22, 2005 1:25 PM To: Law

RE: Kansas and Intelligent Design: A Twist

2005-11-22 Thread Douglas Laycock
I agree. Douglas Laycock University of Texas Law School 727 E. Dean Keeton St. Austin, TX 78705 512-232-1341 (phone) 512-471-6988 (fax) -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Ed Brayton Sent: Tuesday, November 22, 2005 3:20 PM To: Law

Re: Kansas and Intelligent Design: A Twist

2005-11-22 Thread AAsch
But, conversely, are all those course at public universities titled "Greek Mythology" (e.g., this link) constitutionally impermissible? Allen In a message dated 11/22/2005 1:26:17 PM Pacific Standard Time, [EMAIL PROTECTED] writes: Hmm -- would a course at a public university called

RE: Bronx Household of Faith v New York Schools

2005-11-22 Thread Alan Brownstein
Fair enough. I might add that we should also consider the practical dimensions of Eugene's proposal. These include among other issues: What religion specific exemptions and accommodations for religious expressive activities, if any, can survive rigorous free speech review? When, if ever, should

RE: Kansas and Intelligent Design: A Twist

2005-11-22 Thread Sanford Levinson
It's not science. They try to make it sound like science. It clearly is not.") It's the next step in the intelligent design/evolution fight. http://news.yahoo.com/s/ap/20051122/ap_on_re_us/intelligent_design_course Does anyone on the listserv see a potential Establishment Clause prob

Re: Discrimination

2005-11-22 Thread Robert O'Brien
A few remarks on the use of dictionaries: The word "totally" is an adverb; I could not find it in Webster's New International Dictionary, 2nd ed.,I found it in Webster's Seventh New Collegiate Dictionary. However, "prohibit" is a verb; it has a different function in a sentence. The name

Re: Kansas and Intelligent Design: A Twist

2005-11-22 Thread Bortd
I don't want to interrupt the debate, which I am enjoying. I just want to observe that Christian Scientists are not in the least offended by the teaching of the germ theory of disease, even if they may not take the class. They would prefer to have someone preface a statement that the germ theory