Rasul v. Rumsfeld, 2006 WL 1216668 (D.D.C.), decided yesterday,
concludes that RFRA applies to Guantanamo, and concludes (among other
things) that placing a copy of the Koran in a toilet (which is what
plaintiffs allege) would substantially burden the plaintiffs' religious
exercise. As I
Would it matter if the guard used the Koran and toilet as a method of
coercion -- that is: do what I say or I will do this to the only copy
of the Koran around here that you can use; as opposed to just privately
tossing the koran in the trash or the toilet when the priosner is not
around;
Last week, Freedom from Relligion Foundation filed suit against
various federal officers with respect to the BOP program (Life
Connections 2) that Marty discusses in the post below. Bob Tuttle and
I have just published a comment, on the Roundtable website, on the
lawsuit. The comment is
You all are moving to New York? Rats!
We'll miss you.
Keep in touch.
--Caroline Abbott
On 5/10/06, Paul Finkelman [EMAIL PROTECTED] wrote:
Would it matter if the guard used the Koran and toilet as a method ofcoercion -- that is:do what I say or I will do this to the only copy
of the Koran
From a Liberty Counsel press release:May 10, 2006 News Release Virginia County Bucking Against Cowboy Church Bedford County, VA In a demand letter written to Bedford County officials, Liberty Counsel has warned the county to back off its citation against a Cowboy Church. The letter
I doubt that this is all that unusual a case. Years ago, when I worked on
trying to get a state RLUIPA type law adopted in California, one of the
opponents of the law was the California Farm Bureau. Like everyone else on this
issue, they said that they had nothing against houses of worship --
Can they really using zoning laws to determine
the content of meetings held on the property? It would seem to me
that, unless the ordinance also bans barn dances, weddings, family reunions,
or any other large gatherings, this would require strict scrutiny, even
under Smith, and I'm not sure how
An interesting question, but let me separate it into three
parts:
(1) Is it a substantial burden if the guard destroys the only
available copy of the Koran (whether it's done in front of the prisoner
or not)?
(2) Is it a substantial burden if the guard deliberately
To be fair to the Farm Bureau, I think
they were primarily concerned that locating houses of worship near operational
farms would limit the way farmers court use their property because some farm
activities are not compatible with nearby public assemblies. The term I used, inconvenience,
Is part III unconstitutional because it burdens free exercise by setting a
requirment -- you do what we say; you tell us what we want to know -- in
order to practice your religion?
Quoting Volokh, Eugene [EMAIL PROTECTED]:
An interesting question, but let me separate it into three
I'm not sure how this sets a requirement *to practice* your
religion.
-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]
Sent: Wednesday, May 10, 2006 2:46 PM
To: Law Religion issues for Law Academics; Volokh, Eugene
Subject: RE: Substantial burden on
Can't practice without the Koran?
Quoting Volokh, Eugene [EMAIL PROTECTED]:
I'm not sure how this sets a requirement *to practice* your
religion.
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]
Sent: Wednesday, May 10, 2006 2:46 PM
To: Law
If the destruction is of the only available copy of the Koran,
then we're in #1 land, whether the destruction is an attempt to coerce
the prisoner or not. But as I understand it, copies of the Koran were
pretty freely available in Guantanamo, courtesy of the U.S. So it seems
to me that
Here's a radical suggestion: Let's
look at what has actually occurred in the Rasul v. Rumsfeld
case.
The court's decision was a
rejectionofthe government's motion to dismiss the RFRA claim.
As far as I can tell, the government did not argue that the plaintiffs'
allegations failed to
School address would be good.
_
From: Steven Jamar [mailto:[EMAIL PROTECTED]
Sent: Wed 5/10/2006 5:53 PM
To: Law Religion issues for Law Academics
Subject: Re: Substantial burden on religious freedom and placing acopy of
the Koran in toilet
Let me get this straight. It is ok to
15 matches
Mail list logo
