Re: Comments From Brian Leiter

2004-04-07 Thread JMHACLJ
in turn, perhaps Sandy will credit the late Mark DeWolf Howefor warning us about the dangers of trusting judges (particularly Supreme ones) who assume the role of historians. Jim Henderson Senior Counsel ACLJ ___ To post, send message to [EMAIL

Re: FYI An Interesting Case

2004-04-07 Thread JMHACLJ
In a message dated 4/7/2004 3:54:42 PM Eastern Daylight Time, [EMAIL PROTECTED] writes: BTW, it seems to me that having the state require an oath and having ATT require an oath are different sorts of things. The state has more guns than ATT does. Of course, the State, at least since Barnette,

Re: FYI An Interesting Case

2004-04-08 Thread JMHACLJ
In a message dated 4/8/2004 8:13:40 PM Eastern Daylight Time, [EMAIL PROTECTED] writes: To be clear, my understanding of the term homophobe is one who hates homosexuals. I don't think this gentleman qualifies. And herein lies the rub for those who think that the language should mean something:

Re: On topic discussion regarding homosexuality

2004-04-14 Thread JMHACLJ
I had thought, facetiously, to compliment Michael on having sensitivity to Mormons and the French (given the legality of marrying first cousins in Louisiana), by his refusal to consider it decent to compare their circumstances to those of same sex couples that are also denied marriage. But you

Re: On topic discussion regarding homosexuality

2004-04-14 Thread JMHACLJ
Now I am apologizing to all for having hit the wrong button, and to Michael for having not kept my peace, despite the mighty provocation inherent in the suggestion that plural marriage and incestuous marriage are indecent but same sex marriage is not. I am also complaining, in the list

Re: not defamatory to call Jew a believer in Jesus

2004-05-17 Thread JMHACLJ
In a message dated 5/17/2004 8:25:53 PM Eastern Daylight Time, [EMAIL PROTECTED] writes: Could one argue that the court in this case in effect coerced this association upon the plaintiff, in disregard of her freedom of expressive association? Would it not be more accurate to say that the court

Re: Baptisms in rivers located in public parks?

2004-05-25 Thread JMHACLJ
In a message dated 5/25/2004 1:25:54 PM Eastern Daylight Time, [EMAIL PROTECTED] writes: I agree with Tom on point 2, but I wonder about point 1. The publicbaptism, as I understand it, was public precisely because it wasintended to convey a message to the public ("we're not ashamed of

Re: Parks will not block baptism

2004-06-03 Thread JMHACLJ
No doubt. That and the successful but unintentional and uncoordinated pinscers maneuver accomplished the the ACLU and the ACLJ inseparate correspondence to the Park Authority. Jim Henderson Senior Counsel ACLJ ___ To post, send message to [EMAIL

Re: Religion Clauses question

2004-06-03 Thread JMHACLJ
I have held my peace for a bit. But Professor Finkelman has fallen for a bait and switch tactic. The net result is that something the state calls marriage, defined according to its terms, is changed to suit something that homosexual activists call marriage, but which is, in nature and essence, a

Re: Religion Clauses question

2004-06-04 Thread JMHACLJ
Unlike some justices of the US Supreme Court, I do not think that the practice in France is particularly informative or relevant (except, perhaps, in Louisiana) (since the treaty making final the purchase of the territory guarantees to the residents of the territory all the rights they enjoyed

Re: Religion Clauses question

2004-06-04 Thread JMHACLJ
And of course, neither the French legal tradition nor the Spanish legal tradition would permit the residents of those territories to refuse the constitutional wisdom and insights of Supreme Court that finds in the text of the Constitution a "wall of separation," a right to take the life of another

Re: New Legislation on Church Tax-Exempt Status

2004-06-10 Thread JMHACLJ
In a message dated 6/10/2004 3:20:21 PM Eastern Daylight Time, [EMAIL PROTECTED] writes: Not a single chucrh group of any size supports this bill. As is often the case, the church has learned to behave itself, and doesn't need the confusion of liberty. Jim "Don't Feed the Hand that

Board Clearing Way for Baptisms

2004-06-10 Thread JMHACLJ
snipPark clears the way for baptisms in Virginia river By the Associated PressPublished June 10, 2004FREDERICKSBURG, Va. -- Officials of a park where a church group was asked to leave after performing baptisms in the Rappahannock River have approved a policy that will allow that religious

Re: The President and the Pope

2004-06-14 Thread JMHACLJ
I am perplexed. In what sense has the President asked the Pope to pressure the Bishops to embrace some moral norm? As I understand it, the United States Catholic Conference, with one voice, rejects the moral propriety of killing unborn children (abortion). Are there known dissenters from

Re: The President and the Pope

2004-06-15 Thread JMHACLJ
In a message dated 6/15/2004 3:43:22 PM Eastern Daylight Time, [EMAIL PROTECTED] writes: Since Christian ministers differed on each of these issues (in the old South Christian ministers maintained Bibilical support for slavery; in the South of 1963 Chritian ministers continued to

Re: More on Presidential Religion

2004-06-16 Thread JMHACLJ
Well, wouldn't there actually be different constitutional considerations depending on whether the letter was sent but not released, or sent and released? Or would there be? And if there were (or were not), why? And, obviously, yes, this is the Lincoln letter to Mrs. Bixby (slightly

Re: Justice Thomas in Newdow

2004-06-18 Thread JMHACLJ
In a message dated 6/17/2004 4:49:15 PM Eastern Daylight Time, [EMAIL PROTECTED] writes: The Civil War Amendments rewrote the Constitution. People are entitled to protection against establishment period. Limiting the states is what happened with our second Constitution. Broadening the federal

Re: Justice Thomas in Newdow

2004-06-18 Thread JMHACLJ
In a message dated 6/18/2004 3:26:39 AM Eastern Daylight Time, [EMAIL PROTECTED] writes: I'm still looking for the process by which any kid in the Elk Grove school district in California can opt out of this state- and district-required exercise, short of suing. Is there really such an opt-out

Re: Justice Thomas in Newdow

2004-06-18 Thread JMHACLJ
In a message dated 6/18/2004 11:11:58 AM Eastern Daylight Time, [EMAIL PROTECTED] writes: Thanks, Jim. You just proved my argument. That YOU don't see the coercion doesn't mean it doesn't exist. It merely shows that if you are a part of the majority (I know, I know, "Define it" "OK,

Re: Justice Thomas in Newdow

2004-06-18 Thread JMHACLJ
In a message dated 6/18/2004 2:33:57 PM Eastern Daylight Time, [EMAIL PROTECTED] writes: She asked one of the partners in the law firm whether he would be embarrassed if she did not participate in the Pledge of Allegiance. A few days later she was fired. Of course, her firing from a

Re: from Rick Garnett -- Thomas and the Establishment Clause

2004-06-20 Thread JMHACLJ
In a message dated 6/19/2004 3:22:01 PM Eastern Daylight Time, [EMAIL PROTECTED] writes: The nineteenth century conflict over the Protestant Bible revealed that these "generic" religious observances were neither so general nor so harmless as they had seemed. And the continued growth in the

Re: Justice Thomas in Newdow

2004-06-20 Thread JMHACLJ
In a message dated 6/20/2004 12:39:47 PM Eastern Daylight Time, [EMAIL PROTECTED] writes: Perhaps I am wrong, but did not all the parties agree with the characterization of the circumstances in the original Newdow decision? That is, California requires a patriotic exercise, and Elk Grove's

Re: Justice Thomas in Newdow

2004-06-21 Thread JMHACLJ
In a message dated 6/21/2004 12:25:47 AM Eastern Daylight Time, [EMAIL PROTECTED] writes: There's a difference between having a right and having that right recognized. When I queried the Elk Grove folks about how a student might opt out, they said no student was allowed out. The promised to get

Re: FW: Interesting question: Portland Archdiocese Filing Chapter 11

2004-07-08 Thread JMHACLJ
In a message dated 7/8/2004 8:39:49 AM Eastern Daylight Time, [EMAIL PROTECTED] writes: Many of the abuse cases allege that the church fraudulently concealed priests' predatory bent when assigning them to new parishes. I understand how we might find some kind of scienter in the

Re: FW: Interesting question: Portland Archdiocese Filing Chapter 11

2004-07-09 Thread JMHACLJ
In a message dated 7/9/2004 12:04:44 PM Eastern Daylight Time, [EMAIL PROTECTED] writes: I guess it would be possible to construct a facially neutral secular law on this point (i.e. any organization which knows that its representatives / employees will work with children, impliedly

Re: FW: Interesting question: Portland Archdiocese Filing Chapter 11

2004-07-09 Thread JMHACLJ
Steven, I didn't mean for the insurance consideration to be a dodge to fraud. The question is I am raising has to do with whether an implied misrepresentation could fairly be charged to a church in today's litigation-heady clime, in which insurance is conditioned on such programs of serious

Re: Maryland license tags for the Episcopal Church

2004-07-14 Thread JMHACLJ
In a message dated 7/14/2004 2:25:14 PM Eastern Daylight Time, [EMAIL PROTECTED] writes: Are they offering plates for satanisits?pau finkelman Probably not . . . at least not until a law professor applies for recognition. Jim Henderson Senior Counsel ACLJ

Re: Jefferson Quotation

2004-09-22 Thread JMHACLJ
In a message dated 9/21/2004 6:21:47 PM Eastern Daylight Time, [EMAIL PROTECTED] writes: True at the time, but Jefferson clearly altered his thinking from the time he attempted to enact his bills on religion in Virginia to the time of his presidency where he refused to order days of thanksgiving

Re: Pamphlets at School

2004-11-05 Thread JMHACLJ
I think the real world practice of law in this area makes Marty's easy solution not nearly so easy in fact. Is a student discriminating against a Catholic if he gives her a pamphlet on why praying the rosary is a form of idol worship unless he also hands a copy of the pamphlet to the Orthodox

Re: Requests that communications stop

2004-11-05 Thread JMHACLJ
In a message dated 11/5/2004 5:29:28 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Oddly enough, I agree with one point that Marty suggested: If someone is giving material or saying things to a particular person, and that person says "please stop giving me this stuff," then the government

Re: Lesser protection for religious advocacy

2004-11-09 Thread JMHACLJ
In a message dated 11/9/2004 5:00:06 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Can't the stateregulate the use of its property? Can't one say that failure to do somight amount to state action? Seems at least plausible that if you can make that work, you can find state action in the

Re: UW Service requirement

2004-11-10 Thread JMHACLJ
I recall that in the briefing of the Lamb's Chapel case, the State of New York argued that religious uses of school facilities did not come within a catch-all provision of "other uses of benefit to the community." The State pressed the point this way: "Thecommunity-service/private-interest

Re: Religion of peace?

2004-11-14 Thread JMHACLJ
Well, of course, authentic, biblical Christianity is a religion of peace. The proof of that lies somewhat outside of the contours of this list. Jim "Do not refrain to rescue those being dragged away to slaughter" Henderson Senior Counsel ACLJ

Re: Student reprimanded for religious absences

2004-11-23 Thread JMHACLJ
I am not altogether convinced that administrative convenience passes for truly neutral rules. What is the source of the fiction that 180 days makes the appropriate length of school year. Or that school must meet on only mondays through fridays. Or that school during the fall-winter-spring

Re: Student reprimanded for religious absences

2004-11-24 Thread JMHACLJ
In a message dated 11/24/2004 11:18:54 AM Eastern Standard Time, [EMAIL PROTECTED] writes: But are the rules neutral? In fact, does the focus have to be on how majoritarian religions are accommodated by the force of calendar and tradition? If the policy says students "may" be expelled rather

Re: Steven Williams Case

2004-12-06 Thread JMHACLJ
In a message dated 12/6/2004 9:15:52 AM Eastern Standard Time, [EMAIL PROTECTED] writes: But frankly, I'm more interested in the legal arguments.Ed Brayton Oh, I am too. I am sure you agree that knowing the facts of the matter may affect the analysis to be applied and therefore the likely

Re: SG Application for Stay of Hoasca Tea Injunction

2004-12-06 Thread JMHACLJ
And I thought the religiously motivated sale of t-shirts bearing gospel messages on the National Mall in Washington DC was the most important RFRA case challenging federal law to date. Tea anyone? Jim Henderson Senior Counsel ACLJ ___ To post, send

Re: Steven Williams Case

2004-12-06 Thread JMHACLJ
The facts in the Steven Williams case, concededly relevant to the analysis to be applied and the likely outcome of that analysis, do not support the charge that the Alliance Defense Fund has made any misrepresentation of the facts whatever. It appears that a single (meaning only one, not a

Re: Steven Williams Case - more factual information

2004-12-10 Thread JMHACLJ
Marc's humorous riposte provides, I suppose, all the analysis that he thinks the Williams' assignment justifies. Having doubts, after laboring in the woodshed from time to time, that such humorous but otherwise pointless posts add anything of substance to the discussion, I will ask those who

Re: Steven Williams Case - more factual information

2004-12-10 Thread JMHACLJ
In a message dated 12/10/2004 1:55:19 PM Eastern Standard Time, [EMAIL PROTECTED] writes: But would you care to lay odds on whether Mr. Williams had his students interview a Muslim family to find out how they celebrated Ramadan? I'd say they're probably slim to none. All of that will of course

Re: Steven Williams Case - more factual information

2004-12-10 Thread JMHACLJ
In a message dated 12/10/2004 4:28:29 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Student writes "only a person of very low intelligence could believe this. The works studied are less realistic than the Wizard of Oz and contemptible." Only the worst form of moral monstr could believe that

Re: Steven Williams Case - more factual information

2004-12-11 Thread JMHACLJ
In a message dated 12/10/2004 1:44:29 PM Eastern Standard Time, [EMAIL PROTECTED] writes: It seems to me that the only relevant question in terms of this lawsuit is whether any of those assignments are properly given by this teacher to his students, not whether they might hypothetically be okay

The Easter Assignment

2004-12-11 Thread JMHACLJ
I have been given reason to believe that the Easter assignment was not used with the class -- although similar assignments used to teach about other religions and the holidays associated with them were both approved and used. It appears that Mr. Williams based his Easter assignment on the earlier

Re: Steven Williams Case - more factual information

2004-12-15 Thread JMHACLJ
In a message dated 12/15/2004 3:47:17 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Rather than saddling teachers with a burden, perhaps the better course of action is not to try to teach religion in the public schools at all. Of course, one might try to teach biology without discussing

Re: Steven Williams Case - more factual information

2004-12-16 Thread JMHACLJ
Now you have made patent your concern: proselytization. But you seem to agree that teaching about religion is something other than proselytization. (As an aside, I always wonder that those with whom we agree never proselyze, they only offer irrefutable arguments, while those whose views are

Re: Steven Williams Case - more factual information

2004-12-16 Thread JMHACLJ
In a message dated 12/16/2004 11:54:26 AM Eastern Standard Time, [EMAIL PROTECTED] writes: It is not wrong to be concerned about stigma and exclusion, as some members of the Court have noted over the years. But this is why education must including teaching about religion. Stigma and exclusion

Re: Steven Williams Case - more factual information

2004-12-16 Thread JMHACLJ
Steve, I will not limit that remark to myself. In fact I do not make this use of the term. But in a constitutional law career nearing the twenty year mark, I no longer feel tentative about expressing what I think candor would require most to admit: proselyzing is the ugly term (even though it is

Re: Steven Williams Case - more factual information

2004-12-17 Thread JMHACLJ
In a message dated 12/16/2004 5:14:36 PM Eastern Standard Time, [EMAIL PROTECTED] writes: namely that teaching and proselytizing religion tend to go hand in hand. Another very good reason for eliminating public schools, or as my liberal friends so often want to do, relying on the canadian

Re: Steven Williams Case - more factual information

2004-12-10 Thread JMHACLJ
In a message dated 12/10/2004 1:14:11 PM Eastern Standard Time, [EMAIL PROTECTED] writes: He teaches the resurrection as historical fact, even though it is a religious belief which I and millions of other Americans deny. Marc raises an interesting point here. Because he has a belief about

Re: Press Conference Announcing Legal Challenge to Intelligent Design Curri...

2004-12-15 Thread JMHACLJ
In a message dated 12/14/2004 1:53:25 PM Eastern Standard Time, [EMAIL PROTECTED] writes: If this case goes at all like McLean v. Arkansas, it could end up being quite the show trial, with a couple dozen prominent expert witnesses testifying on either side about the nature of science and the

Re: Steven Williams Case - more factual information

2004-12-16 Thread JMHACLJ
In a message dated 12/15/2004 4:53:39 PM Eastern Standard Time, [EMAIL PROTECTED] writes: No, that isnt the rub. There is nothing like the EC that speaks to either biology or oxygen. Precisely. And there's nothing in the EC that speaks to teaching about religion. Jim "Copies of the Constitution

Re: Steven Williams Case - more factual information

2004-12-18 Thread JMHACLJ
In a message dated 12/17/2004 3:22:37 PM Eastern Standard Time, [EMAIL PROTECTED] writes: I had a neighbor, who characterized himself as "a born again Christian." Knowing that I am Jewish, he one day presented me with literature from "Jews for Jesus." He explained to me his reasons for doing so,

Re: Are the Ten Commandments the foundation of the Anglo-American legal system?

2004-12-18 Thread JMHACLJ
In a message dated 12/17/2004 6:57:46 PM Eastern Standard Time, [EMAIL PROTECTED] writes: The foundation of American law, especially the *moral* foundation, begins with the Declaration of Independence, and continues at least through the adoption of the Bill of Rights. The Americans of 1776-1791

Re: Are the Ten Commandments the foundation of the Anglo-Americanlegal system?

2004-12-18 Thread JMHACLJ
In a message dated 12/17/2004 11:31:37 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Surely, an exhaustive anthropology should reach back into those primitive societies that survived because they embraced such rules as no killing, no stealing, etc. Well, I wonder about this. Why should

Re: Are the Ten Commandments the foundation of the Anglo-American legal system?

2004-12-18 Thread JMHACLJ
In a message dated 12/18/2004 9:47:56 AM Eastern Standard Time, [EMAIL PROTECTED] writes: The Declaration, on the other hand, demonstrates why Englishman everywhere, even in colonial lands, are not subject to denial of representation, etc. So, what does the Ten Commandments have to do with

Re: proselytization

2004-12-18 Thread JMHACLJ
In a message dated 12/18/2004 10:33:33 AM Eastern Standard Time, [EMAIL PROTECTED] writes: Prof. Lipkin was proselytized by his neighbor. They both handled it with tolerance and maturity. How does that change the fact of proselytization? How does what the neighbor did not constitute an

Re: Supposedly Deistic nature of the Declaration of Independence

2004-12-18 Thread JMHACLJ
In a message dated 12/19/2004 1:19:25 AM Eastern Standard Time, [EMAIL PROTECTED] writes: It is not insignifcant, I think that none of the existing records of the federal convention contain any references to God or the Bible (much less the 10 C) and that when Franklin suggesting beginning the

Re: proselytization

2004-12-21 Thread JMHACLJ
In a message dated 12/21/2004 6:02:24 AM Eastern Standard Time, [EMAIL PROTECTED] writes: Both Webster's Third International and the Shorter OED define "proselytize" as having special application to religious contexts, and indicates that the term is not always usedpejoratively. I have no doubt

Re: proselytization

2004-12-21 Thread JMHACLJ
For the same reason that I do not use the "N" word in conversations that aspire to worth, value, meaning. Some terms just fail of any essential objective of that sort. The Wycliffe Bible Translators tell of the problem encountered by one intrepid would-be interpreter of a tribal dialect in

Re: Are the Ten Commandments the foundation ofthe Anglo-Americanlegal system?

2004-12-23 Thread JMHACLJ
In a message dated 12/23/2004 2:13:41 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Paul, you give Lincoln far too much credit, I fear. Take a look at his relations with African-Americans, his condescension, and worse. On the subject of race, he was a bad man, pure and simple. Lincoln was

Re: The Amish

2005-01-02 Thread JMHACLJ
I thought about the possibility that the numbers were over/under reported as I listened to reports this last week on the death toll from the tsunamis following the Christmas evening earthquake. Sometime around Monday, I started to hear stories that as many as 1/3 of those killed were children. A

Re: 21st Century Zorach

2005-02-18 Thread JMHACLJ
In a message dated 2/18/2005 1:30:56 PM Eastern Standard Time, [EMAIL PROTECTED] writes: In addition to Marty and Marc's point about the lack of constructive programs for students who do not participate, isn't there also a problem with release time programs that are limited exclusively to

Re: 21st Century Zorach

2005-02-18 Thread JMHACLJ
Ed, would you reconsider the form of your question. I support toleration and accommodation of religious needs of students penned in the government schools/corrals. In the Islamic context, I have publicly expressed the view that schools should accommodate students' percieved need for time to stop

RE: 21st Century Zorach

2005-02-19 Thread JMHACLJ
Everything Michael Newsome says could be true. But why the persistent failure to account for the overwhelming competitive advantage obtained through the 1-2 punch of compulsory attendance (not compulsory learning or compulsory education, we should note) and confiscatory taxation, without

Re: 21st Century Zorach

2005-02-19 Thread JMHACLJ
There was a time -- say, 1776 or so -- when there was widespread agreement that education was a virtue of itself. Yes, as in Thomas Jefferson's plan for public education in Virginia. A plan that placed the burden of funding education on the public, the education of every child, all the way

Re: Ten Commandments

2005-03-02 Thread JMHACLJ
In a message dated 3/1/2005 6:26:28 PM Eastern Standard Time, [EMAIL PROTECTED] writes: I hesitate to ask this, but does anyone on the list genuinely think that either of the displays in these cases is constututional? Of course both displays are constitutional. After listening to oral

Re: Ten Commandments

2005-03-02 Thread JMHACLJ
In a message dated 3/2/2005 12:55:57 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Mr. Henderson, what were the other two articles? Article the First sets the number of representatives to at one for every thirty thousand until there is attained a total of 100 representatives, etc., etc.

Re: Ten Commandments

2005-03-02 Thread JMHACLJ
In a message dated 3/2/2005 12:45:13 PM Eastern Standard Time, [EMAIL PROTECTED] writes: I don't know what docent you are talking to, but the Court's historian took me on a personal tour andexplained to me atsome lengththat the tablets in the front are not the ten commandments, but rather the

Re: Ten Commandments

2005-03-02 Thread JMHACLJ
In a message dated 3/2/2005 12:45:13 PM Eastern Standard Time, [EMAIL PROTECTED] writes: I don't know what docent you are talking to, but the Court's historian took me on a personal tour andexplained to me atsome lengththat the tablets in the front are not the ten commandments, but rather the

Re: Ten Commandments

2005-03-02 Thread JMHACLJ
In a message dated 3/2/2005 1:11:12 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Not only that, but if you click on Mr. Hendersons link, and then Read transcript, followed by clicking the link to Amendments 11-27, it eventually notes that Constitutional Amendments 1-10 make up what is

Re: Ten Commandments

2005-03-02 Thread JMHACLJ
In a message dated 3/2/2005 2:45:42 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Those articles are not part of the bill of rights. Professor Jamar, I am prepared to read and weigh an argument justifying the assertion. But the bare assertion is not sufficient. I don't dispute Doug

Re: Ten Commandments

2005-03-02 Thread JMHACLJ
In a message dated 3/2/2005 3:25:53 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Jim, I think the link that was provided to the Supreme Court will make it clear what was intended by the Court. Well, to the contrary, and I thinkthe discussion of these issues is related to how we

Re: Ten Commandments

2005-03-02 Thread JMHACLJ
In a message dated 3/2/2005 3:35:48 PM Eastern Standard Time, [EMAIL PROTECTED] writes: If I'm reading Mr. Henderson correctly, he is actually arguing that the artist who carved them is wrong about what they represent? If the artist who carved the frieze isn't the authoritative source on what

Re: Ten Commandments

2005-03-02 Thread JMHACLJ
In a message dated 3/2/2005 3:52:54 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Jim, to be blunt, you're just not making much sense here. You appear to have spent the last hour arguing that the tablets on the frieze represent the Ten Commandments. I realize that foolish consistency is

Re: Ten Commandments

2005-03-02 Thread JMHACLJ
In a message dated 3/2/2005 3:55:18 PM Eastern Standard Time, [EMAIL PROTECTED] writes: Jim, you are just wrong on this one in terms of what the "Bill of Rights" means. Enough already, and no more. The term "Bill of Rights" means precisely whatever Humpty Dumpty says it means. After all, he

Re: New Yorker Article on Cupertino Schools Controversy

2005-03-18 Thread JMHACLJ
Although I thought the "falsely balleyhooed" characterization adds nothing to the discussion, I appreciated the link over to the New Yorker article. It reminded me, once again, how very different a world it is in the New York state of mind: Q: "Why is it important to religion advocates to

Re: New Yorker Article on Cupertino Schools Controversy

2005-03-18 Thread JMHACLJ
In a message dated 3/18/2005 11:17:46 AM Eastern Standard Time, [EMAIL PROTECTED] writes: Have I been laboring under a misconception all this time? Yes. The principles are, I think, the same under the Equal Protection Clause of the Fourteenth Amendment. Jim Henderson Senior Counsel ACLJ

Re: New Yorker Article on Cupertino Schools Controversy

2005-03-18 Thread JMHACLJ
In a message dated 3/18/2005 9:19:00 AM Eastern Standard Time, [EMAIL PROTECTED] writes: Why was that even a relevant argument to begin with? The Equal Access Act doesn't require that a given use have a public benefit, it only says that if the school is going to be made available to community

Re: Public university sponsorship of conference onExamining the Rea l Agend...

2005-06-15 Thread JMHACLJ
In a message dated 6/15/2005 2:26:29 P.M. Eastern Daylight Time, [EMAIL PROTECTED] writes: If Mark does not know the content of the program, then I do not think one can assume that a conference that may "criticize" aspects of the Religious Right is "hostile" to the Christian Right. I

Re: Religious freedom and child support

2005-06-17 Thread JMHACLJ
In a message dated 6/17/2005 5:56:10 A.M. Eastern Standard Time, [EMAIL PROTECTED] writes: So my inclination, supporter of RFRA thought I may be, is to be more Scalian on this one. Child support regimes should be treated as "neutral laws of general application," and if there is no

Re: Happy July 4

2005-07-02 Thread JMHACLJ
In a message dated 6/30/2005 5:04:01 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: That it be recommended to the respective assemblies and conventions of the United Colonies, where no government sufficient to the exigencies of their affairs have been hitherto established, to

Re: Government displays protesting against theSupremeCourt'sEstablishment Cla...

2005-07-08 Thread JMHACLJ
In a message dated 7/7/2005 6:58:35 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: It is implausible becauseno political actorwants to do this independently of either wanting to promote the faith or believing that a substantial block of his constituents want him to promote the

Re: Government displays protestingagainsttheSupremeCourt'sEstablishment Cla...

2005-07-08 Thread JMHACLJ
In a message dated 7/8/2005 12:18:52 P.M. Eastern Daylight Time, [EMAIL PROTECTED] writes: Would city councils be permitted to express their dissenting views this way? In Roe, the Supreme Court concluded that states could not entirely prohibit abortion, that they could, in fact, do

Religious conversions, well-founded fear of persecution shoplifting

2005-07-15 Thread JMHACLJ
An Iranian national is subjected to deportation proceedings, as a result of a string of 3 shoplifting arrests in Virginia. In response, she petitions for asylum based on a wellfounded fear of persecution if she returns to Iran. The basis of her well-founded fear is the application of Sharia

Re: George Washington adding under God to the Presidential oath

2005-07-19 Thread JMHACLJ
I am slow coming to this thread. I did some research on oaths in connection with the mysterious disappearance of "so help me God" in testimonial oaths administered during the Democrat interregnum on the Senate Judiciary Committee, after Jim Jeffords left the Republican Caucus. With Pat Leahy

Re: George Washington adding under God to the Presidential oath

2005-07-19 Thread JMHACLJ
In a message dated 7/19/2005 4:35:13 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: Jim: The proper adjective is "Democratic," as in "Democratic Party." (But then, you probably already knew that.) Sorry for the lecture, but this is a hobbyhorse of mine: The lockstep use of

Re: George Washington adding under God to the Presidential oath

2005-07-20 Thread JMHACLJ
How about capitalization? How about punctuation? I will call the Democrat Party the Democrat Party. Truth is, I only pretend to be saluting McCarthy, whose information turned out to be impeccable even if his personality and ethic did not. My pretense was offered because, in pointing out the

Re: George Washington adding under God to the Presidential oath

2005-07-20 Thread JMHACLJ
In a message dated 7/20/2005 11:35:01 A.M. Eastern Daylight Time, [EMAIL PROTECTED] writes: It would help if you would respect the norms. Please. An end to this nonsense. I will call the Democrat Party the Democrat Party. Some of you may dislike it. You, in turn, will call me juvenile.

Re: Constitutional revisionism

2005-07-20 Thread JMHACLJ
If "Establishment of Religion" has a known and definite meaning in the context of its adoption with the rest of what became the First Amendment, why do we have to "get real" in a way that inflates new meanings, new limitations, and new disparagements of religion into that text? As a strict

Civility versus Respect

2005-07-21 Thread JMHACLJ
In a message dated 7/21/2005 10:51:11 A.M. Eastern Daylight Time, [EMAIL PROTECTED] writes: And, again in my view, respect for those citizens should carry over to using the name they chose. This thread seems to have little to do with the law of religion. And I announced that I had

Re: Assaults on the England language

2005-07-21 Thread JMHACLJ
In a message dated 7/21/2005 11:25:02 A.M. Eastern Daylight Time, [EMAIL PROTECTED] writes: The claim of the people making the gramatical argument depends on thefact that with Democrat and Democratic, the language has clearlydifferentiated the noun from the adjective. Which is

Re: Assaults on the England language

2005-07-21 Thread JMHACLJ
In a message dated 7/21/2005 11:38:01 A.M. Eastern Daylight Time, [EMAIL PROTECTED] writes: Awording which I find less acceptable is "Judeo-Christian." There is no such thing as a Judeo-Christian. Jews are not Christians, and Christians are not Jews. This, of course, is a doctrinal

Re: Assaults on the England language

2005-07-21 Thread JMHACLJ
In a message dated 7/21/2005 2:20:04 P.M. Eastern Daylight Time, [EMAIL PROTECTED] writes: First, McCarthy and his modern-day counterparts wish to deny Democrats the *positive* connotations that are associated with the word "democratic." Do you equate anyone that uses the term

The Test Oath and Confirmations

2005-07-21 Thread JMHACLJ
Any thoughts on when the line is crossed? Is it only, as the Constitution demands on its face, at the point when such an oath is tendered to the putative office-holder? Why may the Senate Judiciary Committee inquire into the religion of John Roberts? When may it do so? Does it matter that a

Re: Assaults on the England language

2005-07-22 Thread JMHACLJ
In a message dated 7/22/2005 10:20:29 A.M. Eastern Daylight Time, [EMAIL PROTECTED] writes: And, what position do you have, Rick, on the desire of some Republicans to not merely reverse Roe, but declare that abortion violates the 14th Amendment and thus the many states which protect

Re: Assaults on the England language

2005-07-22 Thread JMHACLJ
In a message dated 7/22/2005 12:14:09 P.M. Eastern Daylight Time, [EMAIL PROTECTED] writes: With respect, Rick, no one is pushing 10 commandment displays to make a purely historic point about the role of Christianity in America. Those efforts are about the contemporary role of

Re: inJohn Roberts' America.....

2005-07-22 Thread JMHACLJ
In a message dated 7/22/2005 12:33:08 P.M. Eastern Daylight Time, [EMAIL PROTECTED] writes: I am not sure about this. Change the hypo a bit. Imagine no contrary federal law. Surely a state with a speed limit of 60 MPH cannot ban state citizens from going 70 MPH on out-of-state

Re: Civility versus Respect

2005-07-22 Thread JMHACLJ
In a message dated 7/22/2005 2:42:06 P.M. Eastern Daylight Time, [EMAIL PROTECTED] writes: Does this mean that if some people doesn’t respect you that they are, in your view, free to call you anything they want to? Can they call you a fundamentalist, or a homophobe, or bigot, and

Re: Civility versus Respect

2005-07-22 Thread JMHACLJ
Actually, I responded to the mention by another of McCarthy. Another on the list responded to my use of the term Democrat Party by using the logical fallacy of the poisoned well; essentially, that post put it this way, "McCarthy used the term so you must be a modern day equivalent of

Re: inJohn Roberts' America.....

2005-07-23 Thread JMHACLJ
In a message dated 7/23/2005 2:35:10 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes: So long as Casey remains on the books, even if it is narrowed, it would, presumably, make impossible the kind of totalitarian system that Jean Dudley may rightly fear. Totalitarian system.

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