the latter, with the
unintended (?) consequence of the law
being that a lot of disadvantaged people will lose support. (Unless funding is
supplied by private donations...)
Richard Dougherty
University of Dallas
Brian Landsberg wrote:
The question posed was whether Catholic Charities were
or performing a medical or health
care service that violates the religious convictions of the organization, except
if the prescription contraceptive coverage is necessary to preserve the life or
health of the insured individual.
Richard Dougherty
A.E. Brownstein wrote:
The Women's Contraceptive
that an
attempt to influence Catholic voters in America by appealing to a Vatican official in
private is essentially futile.)
This might be a mountain being made into a molehill.
Richard Dougherty
-- Original Message --
From: Mark Tushnet [EMAIL
case (or,
perhaps that quality is what might make it easy for them).
Richard Dougherty
-- Original Message --
From: [EMAIL PROTECTED]
Reply-To: Law Religion issues for Law Academics [EMAIL PROTECTED]
Date: Sat, 11 Dec 2004 14:39:15 EST
In a message dated
problems only by saying that many of them perhaps
thought that God was the source of our rights, but then abstain from making any
suggestions about whether that is in fact right?
Others are certainly welcome to respond, and I welcome any responses.
Richard Dougherty
-- Original Message
in these documents?
Richard Dougherty
-- Original Message --
From: Francis Beckwith [EMAIL PROTECTED]
Reply-To: Law Religion issues for Law Academics [EMAIL PROTECTED]
Date: Sat, 18 Dec 2004 22:59:56 -0600
It seems to me that Eugene is right. The God
often
seems to be expected. [I have explanations for that, but they are mostly
off-list reasons.] Any suggestions?
Richard Dougherty
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I hesitate to ask this, but does anyone on the list genuinely think that
either of the displays in these cases is constututional?
Marty:
Do you mean are they constitutional, or will they pass muster with the current
Court's understanding of what is consitutional? Those can be very different
Alan:
True. The differnece is that the founders thought they were right and the rest
of the world wrong.
Richard Dougherty
A.E. Brownstein wrote:
I think there is a difference between control and having a decent
respect to the opinions of mankind which some of the framers seemed to
think
, is a universal one, not particular, and thus the urgency
of articulating the American postiion.
Richard Dougherty
A.E. Brownstein wrote:
And consistent with having a decent respect to the opinions of mankind,
it would be appropriate for an American constitutional court to explain why
American
tolerance of religious expression, a substantial minority of people
claim they are being discriminated against because they want more than the law
has yet allowed.
Ed Darrell
Dallas
Richard Dougherty [EMAIL PROTECTED] wrote:
Well, yes, but not in a political order where the government -- especially
America in 2005 there. But that
strikes me now as an off-list topic, so I'll not pursue it.
Richard Dougherty
-- Original Message --
From: A.E. Brownstein [EMAIL PROTECTED]
Date: Mon, 07 Mar 2005 12:30:55 -0800
Richard,
I understand that some religious
, or the will to power? If
the protection for speech's harm, is that speech is good for democracy, cannot
one make the same argument about much, if not all, religious exercise?
(I'm not defending the principle that there is a right to harm, only looking
for consistency.)
Thanks,
Richard Dougherty
Volokh, Eugene
of free exercise, it should be read much more
narrowly, to protect no harm, even when it might be an incident of true
exercise of religion? Do I have that right?
Richard Dougherty
Volokh, Eugene wrote:
I actually agree with Greg on much here: The reason that we
allow people
as Catholic priests.
I presume the last statement was an attempt at humor, but I'm afraid succeeds
only in being offensive.
Richard Dougherty
Jean Dudley wrote:
Marci said:
I would disagree, because any woman who wants to be a priest is
clearly at odds with heavily document ecclesiology
to such?
Richard Dougherty
-- Original Message --
From: Sanford Levinson [EMAIL PROTECTED]
Reply-To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu
Date: Mon, 6 Jun 2005 18:31:24 -0500
Mark raises an interesting point. Would it have
.
Richard Dougherty
Mark Graber wrote:
I suppose the best solution is that we all use the words we believe best
convey our meanings, keeping in mind the virtues of civility on this
list. Others may challenge our usages, and we then deciding whether to
accept amendments.
MAG
Mark:
Do you have a particular case or series of cases in mind? I'd
appreciate a cite.
Thanks,
Richard Dougherty
Mark Graber wrote:
For
those interested, until 1939, not one majority opinion on the Supreme Court
spoke of the United States as a democracy or had anything good to say about
to enter in?
Richard Dougherty
-- Original Message --
From: A.E. Brownstein [EMAIL PROTECTED]
Reply-To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu
Date: Tue, 23 Aug 2005 15:09:37 -0700
I appreciate the power of Tom's argument (and his
not sure that universal public
education is a liberal ideal, until we define terms. My point about
avoiding 1A issues was that the typical cases (?) arise in public school
settings, and some of that could be avoided by my proposal.
Richard Dougherty
-- Original Message
lead us to some conclusions about the connection between
academic life and the more common American perception.
Richard Dougherty
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Richard Dougherty wrote:
Ed:
I take it that Frank's point (he will correct me if I'm wrong, I hope) is
that saying that some religious people acccept evolution does not necessarily
lead to the conclusion that therefore there is no instrinsic incompatibility.
The most one can say
I don't have an answer but I have a related question: if the Universities
prevail, will Bob Jones be revisited?
Richard Dougherty
-- Original Message --
From: Susanna Peters [EMAIL PROTECTED]
Reply-To: Law Religion issues for Law Academics religionlaw
taken
place; I'm not suggesting a cause and effect, as it is much more complex than
that, but one does have to think seriously about what has occurred over the
past fifty years. That is not to say that Eugene is wrong in his assessment --
I rather think he's right.
Richard Dougherty
Now, Eugene, what does it say about members of the list that you think Mr.
Darby has raised lots of money for his campaign through his posts? And why
doesn't the ZOG do something about all of these posts, and all these
free-wheeling web sites that Mr. Darby
keeps telling us about? You'd get
.
Richard Dougherty
-- Original Message --
From: Ed Brayton [EMAIL PROTECTED]
Reply-To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu
Date: Wed, 14 Dec 2005 21:13:13 -0500
Coyle, Dennis wrote:
On the other hand, explaining that the song
prudence may dictate simply avoiding
the issue? Do parents have a right to have schools complicit in hiding
the bald facts from their children? What about the Tooth Fairy? Easter
Bunny? Will it be sufficient to roll out Yes, Virginia... as an
explanation?
Richard Dougherty
this is not a legal question, but it
does touch on the motivation for the law, and the way the exemption was
crafted. (Though perhaps legislators bet that Catholic Charities would choose
to provide coverage rather than abandon its work.)
Richard Dougherty
-- Original Message
. Does anyone know?
Richard Dougherty
-- Original Message --
From: Newsom Michael [EMAIL PROTECTED]
Reply-To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu
Date: Wed, 18 Jan 2006 18:28:10 -0500
For an interest to be compelling does
to covering contraception,
though...
Richard Dougherty
-- Original Message --
From: Scarberry, Mark [EMAIL PROTECTED]
Reply-To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu
Date: Wed, 18 Jan 2006 21:57:20 -0800
The list messages seem
while at the same
time revealing palpable ignorance of its theology, I can only say that I am
embarrassed.
Richard Dougherty
-- Original Message --
From: Marty Lederman [EMAIL PROTECTED]
Reply-To: Law Religion issues for Law Academics religionlaw
political agenda? Or telling the Church what is a matter of faith and
what is not?
Richard Dougherty
-- Original Message --
From: Ed Brayton [EMAIL PROTECTED]
Reply-To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu
Date: Tue, 14 Mar
position is fine, but this is clearly something else.
My apologies for having distracted the discussion.
Richard Dougherty
As I suggested with the church complicity with executions (and maybe unjust
wars, and many other things in society), the church chooses its causes based
on politics. I real
that it is more complicated than that.
Richard Dougherty-Original Message-From: "Richard James" [EMAIL PROTECTED]Sent 4/4/2007 11:30:11 AMTo: religionlaw@lists.ucla.eduSubject: (no subject) Clergy at career daysInteresting responses, thanks. In this case, the situation was much more
I agree with Michael and Steven that proselytizing is an accurate
word to employ. I think what Will Linden was pointing out is that
it is often used as a pejorative, except perhaps when used in a
non-religious way (he was proselytizing for the adoption of textbook A
over B). We had a discussion
Really? I thought that was exactly how it was meant. As
Will suggests, if he were a progressive (not stipulating now what that
means) he would probably be described as sharing the good news.
Richard J. Dougherty
-Original Message-
From: Newsom Michael [EMAIL PROTECTED]
Sent 9/10/2007
While I agree with Marci that the level of public funding Catholic
Charities receives is problematic, because it leaves it vulnerable to
these sorts of problems, and perhaps leads to compromise in other
areas, I think Alan is spot-on in his analysis here. The CA and
NY cases had nothing to do
Steven and Mark both make very good points here. If the state's
concern was really with ensuring contraceptive coverage, wouldn't they
just require all employers to provide it, rather than predicating it on
the pre-existence of a drug plan benefit?
A point of information: Does anyone know if any
Well, maybe you will; see below. Congress does this sort of thing regularly.
(Haven't seen one for atheists yet, but I can't keep up.)
Marty: Do you think the whereas you cited that was left out was omitted
because it was too over the top, or because the wording of it might actually
divide
Just on Marty's first point -- and this might be off-list material:
there is abundant evidence that religion has a positive influence on
the family and the social order. Though I do only some work in this
area, I have never seen an empirical study that suggests otherwise (if
others have I'd be
are unwilling to accept any religious display as
unobjectionable? Or maybe a bit of both?
Richard Dougherty
-Original Message-
From: Christopher Lund [EMAIL PROTECTED]
Sent 7/25/2008 9:16:51 AM
To: religionlaw@lists.ucla.edu, [EMAIL PROTECTED]
Subject: RE: Appeals Court Bans Prayer 'in Jesus
Mark is of course right about this. But I wonder if we might distinguish the
two issues, as we might distinguish questions of racial discrimination
generally from questions of gay rights -- including the question of whether
there is Scriptural support for slavery, racial discrimination, racial
Well, yes, but this operates on the presumption that there is agreement on,
among other things, what constitutes discrimination and what constitutes public
accomodation. But it seems that those are precisely the issues at stake here.
We can't simply say the law defines these terms, though,
entirely settle the question, of course.
Richard Dougherty
On Tue, Feb 14, 2012 at 8:18 AM, Marty Lederman lederman.ma...@gmail.comwrote:
What Chip and I -- see my Mirror of Justice post here:
http://mirrorofjustice.blogs.com/mirrorofjustice/2012/02/a-question-from-marty-lederman.html
--
have
be surprised if there wasn't some accommodation, though
locally administered.
But this does relate to another point brought up earlier. Catholic high
schools have routinely held sporting events on Sunday, which might prove
problematic for some/many non-Catholics.
Richard Dougherty
On Tue, Mar 6
Fascinating discussion, from which I am learning a lot. As a non-expert,
it strikes me that Marci's account is akin to what I hear from family law
attorneys dealing with divorce or child-custody cases -- that it is routine
practice to make claims of spousal or child abuse, but that judges almost
-ponytail-in-court.html
Richard Dougherty
On Fri, Jul 6, 2012 at 10:22 AM, Paul Horwitz phorw...@hotmail.com wrote:
This has been a very interesting discussion. I confess that at this point,
I am quite confused about the meaning of best interests of the child. I
understand it is a complex, context
sectarian about it, and it's certainly not
non-rational. It might not be persuasive to all, or to many, but it would
be an injustice to dismiss it so cavalierly.
Richard Dougherty
On Sat, Jun 29, 2013 at 10:19 AM, Marty Lederman
lederman.ma...@gmail.comwrote:
As a couple of you have pointed out to me
, Vatican teaching, and that is that the Vatican teaching is largely
drawn from philosophical principles, not theological ones. The natural law
is the common source.
Richard Dougherty
On Sat, Jun 29, 2013 at 11:25 AM, Marci Hamilton
hamilton.ma...@gmail.comwrote:
At this stage in history, Alito's
Marty:
Agreed. I take it Alito is asserting the non-policymaking principle on
behalf of the judiciary. But you are certainly right that even such a
position does not prohibit the kind of judgment you identify here.
Richard Dougherty
On Sat, Jun 29, 2013 at 11:40 AM, Marty Lederman
lederman.ma
mallapolla...@gmail.comwrote:
with all due respect. Only a Catholic would contend that this view is
natural law.
Malla
On Sat, Jun 29, 2013 at 3:18 PM, Richard Dougherty dou...@udallas.eduwrote:
I understand why it can seem that way, but history can't make a
nonsectarian view sectarian
Society and that Religion is
wholly exempt from its cognizance.
Richard Dougherty
On Fri, Aug 16, 2013 at 2:54 PM, West, Ellis ew...@richmond.edu wrote:
I fear that many of you will think I am pompous, if not arrogant, in saying
what follows, but I feel compelled to respond to Brad Pardee's post
not an originalist.
Richard Dougherty
On Sun, Aug 18, 2013 at 8:19 PM, Marci Hamilton hamilto...@aol.com wrote:
Reread the entirety of the memorial.
Madison was very concerned about the abusive power of the clergy.
Marci A. Hamilton
Verkuil Chair in Public Law
Benjamin N. Cardozo Law School
Yeshiva
peculiar to their religion; it's not a rhetorical question, I just don't
know. Do you mean for reasons peculiar *only* to their religion, or because
their religion has some extreme views about civil society, or something
else?
Best,
Richard Dougherty
On Sun, Aug 18, 2013 at 10:03 PM, West, Ellis ew
exclusion of Catholics and Muslims from
civil society might not be germane, but many early state constitutions did
prohibit Catholics from holding office, thus from being full citizens.
Best,
Richard Dougherty
On Mon, Aug 19, 2013 at 3:10 PM, West, Ellis ew...@richmond.edu wrote:
Richard
,
for voluntary lifestyle choices).
I'd be happy to be corrected on any of this.
Richard Dougherty
University of Dallas
On Wed, Nov 27, 2013 at 12:09 PM, Marci Hamilton hamilto...@aol.com wrote:
So how does it work? The women need pre approval from their boss?
And I thought the bishops oppose
why we get distortions of free exercise claims masquerading as free
speech claims.
Richard Dougherty
University of Dallas
On Fri, Dec 6, 2013 at 1:17 PM, hamilto...@aol.com wrote:
With all due respect to this entire thread, how many people have actually
read the state cases involving the priest
of
calling Catholics to abide by their own beliefs.
Richard Dougherty
University of Dallas
On Sat, Dec 7, 2013 at 7:45 AM, Marci Hamilton hamilto...@aol.com wrote:
Richard's point is fair so let me provide some more context that perhaps
would be helpful.
Privileges are concoctions
It's great that someone will be telling the story of the Little Sisters of
the Poor.
Richard Dougherty
On Sun, Jan 5, 2014 at 12:16 PM, Greg Lipper lip...@au.org wrote:
I'm not planning on getting involved in this broader debate over RFRA,
but I should add to Marci's point 2 below (about
, though.
2) The absence of the use of contraceptives does not automatically produce
10-20 children in a marriage, even when the couple is open to that outcome.
Almost never did before the introduction of contraceptives, and almost
never does now.
Richard Dougherty
University of Dallas
On Sun
they are bigots.
Richard Dougherty
University of Dallas
On Wed, Feb 26, 2014 at 3:00 PM, Douglas Laycock dlayc...@virginia.eduwrote:
They need to adjust [which here clearly means give up their religious
commitments] or move on. As I said.
Douglas Laycock
Robert E. Scott Distinguished Professor
the Republicans could have gotten
if they had somehow cooperated with the Democrats in crafting the ACA.
Richard Dougherty
University of Dallas
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help Hobby Lobby's marketing (see the Boy Scouts).
Richard Dougherty
University of Dallas
On Tue, Jun 10, 2014 at 9:23 PM, Douglas Laycock dlayc...@virginia.edu
wrote:
The thoughts below may well be right for a corporation with religiously
diverse ownership. But Hobby Lobby is closely held
of power.
Richard Dougherty
University of Dallas
On Sat, Jul 5, 2014 at 9:52 AM, Levinson, Sanford V
slevin...@law.utexas.edu wrote:
Let me tendentiously suggest that accommodationist is synonymous with
irrationalist if in fact one can't subject the proffered arguments to
some kind
If I remember correctly, in Texas the tipping point was a court decision,
Leeper v. Arlington, in which the court recognized home schools as private
schools under Texas law.
Richard Dougherty
On Mon, Feb 2, 2015 at 9:56 AM, Ira Lupu icl...@law.gwu.edu wrote:
I did very similar research
Pollack mallapolla...@gmail.com
wrote:
Natural law is a figment of Christian imagination. Do you really think
that Muslims think western natural law is natural?
Malla
On Fri, Jul 3, 2015 at 3:52 PM, Richard Dougherty dou...@udallas.edu
wrote:
Largely agree with this point, except for one
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