The institution of marriage

*** Perry Dane Professor of Law Rutgers University School of Law -- Camden 217 North Fifth Street Camden, NJ 08102 [EMAIL PROTECTED] www.camlaw.rutgers.edu/bio/925/ Work: (856) 225-6004 Fax: (856) 969-7924 Home: (610) 896-5702

The institution of marriage

., Oxford University Press 2001)) and normatively very tempting a compromise solution such as Vermont-style (i.e., including all the secular legal incidents of marriage) civil unions. Perry *** Perry Dane Professor

The institution of marriage

*** Perry Dane Professor of Law Rutgers University School of Law -- Camden 217 North Fifth Street Camden, NJ 08102 [EMAIL PROTECTED] www.camlaw.rutgers.edu/bio/925/ Work: (856) 225-6004 Fax: (856) 969-7924 Home: (610) 896-5702

Hmmm, Atheist Law Center, Eh?

what might loosely be called the anti-ACLU position. The interesting question, though, is why this is, at least in popular discourse, so little noticed and appreciated. Perry *** Perry Dane Professor

Dover Case Questions

us as part of the heavenly equivalent of a kindergarten art project. Perry *** Perry Dane Professor of Law Rutgers University School of Law -- Camden 217 North Fifth Street Camden, NJ 08102

Dover Case Questions

appropriate naturalistic methodological limitations, describes to us as evolution through random mutation and natural selection. Perry *** Perry Dane Professor of Law Rutgers University School of Law -- Camden 217 North

Dover Case Questions

strange terms on which the contemporary culture wars are being fought. But I'll let that pass. Perry *** Perry Dane Professor of Law Rutgers University School of Law -- Camden 217 North Fifth Street Camden, NJ 08102 [EMAIL PROTECTED

Dover Case Questions

. There is a deeper point lurking here about the very strange terms on which the contemporary culture wars are being fought. But I'll let that pass. Perry *** Perry Dane Professor of Law Rutgers University School of Law

Dover Case

. Perry *** Perry Dane Professor of Law Rutgers University School of Law -- Camden 217 North Fifth Street Camden, NJ 08102 [EMAIL PROTECTED] www.camlaw.rutgers.edu/bio/925/ Work: (856) 225-6004 Fax

Dover Case Questions

is to attend to the legitimate concern that science education would inadvertently promote an ideology of scientism, while also avoiding the official promotion of religion. Perry *** Perry Dane Professor of Law

Dover Case Questions

) should not be taken for an official commitment to the ontological naturalism of folks like Dawkins and Dennett. Perry *** Perry Dane Professor of Law Rutgers University School of Law -- Camden 217 North Fifth Street Camden, NJ 08102

Dover Case Questions

design theory as a subject _within_ science) should not be taken for an official commitment to the ontological naturalism of folks like Dawkins and Dennett. Perry *** Perry Dane Professor of Law Rutgers

Florida voucher case

*** Perry Dane Professor of Law Rutgers University School of Law -- Camden 217 North Fifth Street Camden, NJ 08102 [EMAIL PROTECTED] www.camlaw.rutgers.edu/bio/925/ Work: (856) 225-6004 Fax: (856) 969-7924 Home: (610) 896-5702

Unconstitutional statutory religion-based exemptions

Marty, Thanks. Thornton, however, did not involve a statutory directive to government to accommodate the religious needs of certain individuals, but rather a statutory duty imposed on one set of private parties to accommodate the religious needs of another set of private parties.

Unconstitutional statutory religion-based exemptions

Allen, Great. Thanks. Perry ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please

Davey--Let's Focus on Denominational Equality

? *** Perry Dane Professor of Law Rutgers University School of Law -- Camden 217 North Fifth Street Camden, NJ 08102 [EMAIL PROTECTED] www.camlaw.rutgers.edu/bio/925/ Work: (856) 225-6004 Fax: (856) 969-7924 Home: (610) 896-5702

Drawing lines among religons

*** Perry Dane Professor of Law Rutgers University School of Law -- Camden 217 North Fifth Street Camden, NJ 08102 [EMAIL PROTECTED] www.camlaw.rutgers.edu/bio/925/ Work: (856) 225-6004 Fax: (856) 969-7924 Home: (610) 896-5702

Religious marriages and the state

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?

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

Missouri declares Christianity its official religion.

A not-very-analytic observation on a Friday afternoon: I happened to read these posts on the Missouri resolution at about the same time as I was taking a look at a remarkable document called the Flushing Remonstrance, written in 1657, in which the leaders and citizens of Town of

The Flushing Remonstrance

Hi all, I forgot to include a link to the text of said Flushing Remonstrance: http://www.nyym.org/flushing/remons.html Perry ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe,

Religious exemptions for the non-religious

can't exempt only believers. Of course we can exempt only believers, and there are good, normatively compelling, reasons to do so. Perry *** Perry Dane Professor of Law Rutgers University School of Law -- Camden [EMAIL PROTECTED

A Holy Secular Institution

*** Perry Dane Professor of Law Rutgers University School of Law -- Camden 217 North Fifth Street Camden, N.J. 08102 [EMAIL PROTECTED] Bio: www.camlaw.rutgers.edu/bio/925 SSRN author page: www.ssrn.com/author=48596 Work:(856) 225-6004 Fax: (856) 969-7924 Home:(610

Early Massachusetts Statute

as stunningly outrageous as it appeared on first reading. Still, it's pretty remarkable. Maybe they were no longer dependent on the Indians to feed them by this time. *** Perry Dane Professor of Law Rutgers University School of Law -- Camden

Early Massachusetts Statute

. *** Perry Dane Professor of Law Rutgers University School of Law -- Camden 217 North Fifth Street Camden, NJ 08102 d...@crab.rutgers.edu Bio: www.camlaw.rutgers.edu/bio/925/ SSRN Author page: www.ssrn.com/author=48596 Work: (856) 225-6004 Fax: (856) 969-7924 Home

Religious attitudes towards self-defense, deadly and otherwise

the choice between nondeadly force and deadly force, one should always use nondeadly force, unless the nondeadly force is very likely to fail (e.g., all one has for nondeadly force is fists vs. an attacker's knife). *** Perry Dane Professor of Law

Religious exemptions and undue preference for religion

of an unconstitutional religious preference. And I say this as someone who believes in a vigorous free exercise clause and continues to lament Smith and City of Boerne. Perry *** Perry Dane Professor of Law Rutgers University

Re: EEOC says Catholic College Discriminated by Removing Contraceptive Coverage from Health Insurance

*** Perry Dane Professor of Law Rutgers University School of Law -- Camden 217 North Fifth Street Camden, NJ 08102 d...@crab.rutgers.edu Bio: www.camlaw.rutgers.edu/bio/925/ SSRN Author page: www.ssrn.com/author=48596 Academia.edu page: http://rutgers.academia.edu/PerryDane

Re: EEOC says Catholic College Discriminated by Removing Contraceptive Coverage from Health Insurance

*** Perry Dane Professor of Law Rutgers University School of Law -- Camden 217 North Fifth Street Camden, NJ 08102 d...@crab.rutgers.edu Bio: www.camlaw.rutgers.edu/bio/925/ SSRN Author page: www.ssrn.com/author=48596 Academia.edu page: http

Is a patient who believes Jesus would save [me] competent to refuse life-saving medical treatment?

As a general matter, it's always seemed to me that determinations of mental competence with respect to a specific judgment should not be based solely on the rationality of that specific judgment, but should look instead to the entirety of a person's mental state. Even putting that view to one

Circumcision

Hi, Just a couple of general thoughts: 1. Most everyone, including Eugene, admits that parents are empowered within broad limits to make all sorts of major decisions, inlcuding decisions with likely irreversible consequences, on behalf of their minor children. These include decisions

Circumcision

Marty, This is sensible. Obviously, these categories bleed into each other (no pun intended). Perry From: Marty Lederman lederman.ma...@gmail.com Date: Wed, 11 Jul 2012 16:49:33 -0400 Perry: very helpful. Would you add this as a third

Circumcision

My answers here should also be informed by Marty's sensible third category of likely regret. But I'll limit myself to the two categories I tried to outline in my earlier post. (1) Tattooing: I don't like tattoos. I actually often find myself physically repulsed by them. My own religion forbids

Saint Stanislaus Kostka Church in St. Louis

Hi all, Some years ago, Saint Stanislaus Kostka Church, a Roman Catholic parish church in St. Louis, got into a dispute with the Catholic bishop in St. Louis. the Bishop tried to assert his authority over Saint Stanislaus, and when the folks running the church refused, the declared them to be in

Contraception mandate

articulated undercurrents in the current American conversation about religion and the law. See http://ssrn.com/abstract=2296635 Comments would, of course, be welcome. Perry * Perry Dane Professor of Law Rutgers University School of Law d

Attenuation

matter is that it objects for religious reasons to signing the damn contracts. Perry -- * Perry Dane Professor of Law Rutgers University School of Law

Re: Attenuation

Steve Jamar wrote: [1] How about owning stock in companies that make and sell contraceptives? They had to sign a contract to do that. [2] The distance between doing the improper thing -- selling, paying for, using contraceptives -- and buying general health insurance with coverages

Re: science professor lecture

Hi all, I agree with others that this issue gets complicated by the professor's own academic freedom and the related question of whether the views expressed in his lecture should be ascribed to the state. Putting all that aside, though, the lecture is clearly dubious as a matter of

Re: Vaccine objectors

Hi all, Without getting deeply mired myself (right now) in the normative implications here, it might still be worth noting that: 1. Exemptions from vaccination requirements only become a serious public health issue when they increase to the point of threatening herd immunity. That is to

Re: Vaccine objectors

Marty, I agree with # 1, except in states that might have a particularly robust state free exercise doctrine. I also agree with # 2. The issue with respect to # 3, though, is this: What if it turns out that an exemption regime limited to actual religious objections (and not personal ones)

RE: Vaccine objectors

Sandy, Normatively, I do think that when the risk to the health of a child is grave and imminent, the state can and should intervene and require treatment. Perry On 02/01/2015 11:31 pm, Levinson, Sanford V wrote: I'm still not certain what Perry's position is re the Jehovah's Witness