Lemon test not applicable in prisons?

2006-02-07 Thread SIDLEMAN
I was quite surprised to read the following passage from a recent district court case, Salahuddin v. Perez, ___, 2006 WL 266574, at *9 (S.D.N.Y. Feb. 2, 2006): When presented with an Establishment Clause claim, a court must ask whether the challenged practice (1) has a secular purpose; (2)

Religious marriages and the state

2006-02-07 Thread Perry Dane
Hi all, Does anyone know of any cases, apart from People v. Greenleaf in New York, in which a clergyperson was prosecuted for officiating at a same-sex marriage? Thanks. Perry ___ To post, send message to

Lemon test not applicable in prisons?

2006-02-07 Thread Perry Dane
Fascinating! I do think that the Lemon test is tempered in the prison context, but not by virtue of Turner v. Safley. Rather, it seems to me that, to the extent that prisons (and, to a lesser extent, the armed forces) are closed off from free access to the religious element of

So what's the deal?

2006-02-07 Thread Tommy Perkins
In 2002 Prez Bush proclaimed “compassionate coercion”: http://www.whitehouse.gov/news/releases/2002/02/20020212-2.html In 1991 Archie Brodsky of Harvard Medical School wrote: “And it is one of the most blatant and pervasive violations of constitutional rights in the United States today.

From the list custodian RE: So what's the deal?

2006-02-07 Thread Volokh, Eugene
Folks: It might help to be a bit more explicit when posing such questions, rather than just relying on labeling (compassionate coercion), conclusory assertions, and links that people may not have much time to follow. What's the issue? Why is what's going on coercive? What are the

Denmark Cartoons and Blasphemy

2006-02-07 Thread Will Esser
I read with interest a CNNarticle on the continuing controversy over the Denmark Cartoons depicting the Prophet Mohammed. Of particular interest was the following:"The Danish government says it does not control what is in the country's newspapers and that courts will determine whether the