An interesting situation is developing here in Michigan. The Dearborn
International Arab Festival was last weekend and the rules limited the
handing out of literature to a particular section of the festival grounds. A
preacher named George Saieg filed suit against those rules and the district
apply
well? Thanks.
Ed Brayton
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In the wake of Liberty U pulling recognition from the College Democrats
club, Americans United has written a letter to the IRS challenging their tax
exempt status. The letter says:
Political clubs operating on campus often endorse and work on behalf of
candidates, and officially recognized
now been 42 years since Loving v Virginia and no one has
ever attempted to do what you use as evidence of the slippery slope here. I
think that tends to show just how unlikely your imagined future is.
Ed Brayton
-Original Message-
From: religionlaw-boun...@lists.ucla.edu
Pepperdine
_
From: religionlaw-boun...@lists.ucla.edu on behalf of Ed Brayton
Sent: Sat 4/4/2009 9:38 AM
To: 'Law Religion issues for Law Academics'
Subject: RE: Americans United: Iowa Supreme Court RulingOn
MarriageUpholdsReligious Liberty, Says Americans United
I think Brad's
I can't see any way this survives a motion to dismiss based on standing. And
Newdow must know that.
Ed Brayton
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Friedman, Howard M.
Sent: Tuesday, December 30, 2008 12:31 AM
To: religionlaw
by
allowing her to answer the phone by saying Merry Christmas. She was
ultimately fired over it. See the press release here:
http://www.lc.org/index.cfm?PID=14100
http://www.lc.org/index.cfm?PID=14100PRID=760 PRID=760
A legitimate case of legally required religious accommodation?
Ed Brayton
Bloody communists out to destroy Christianity in America!
Ed Brayton
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of aa...@aol.com
Sent: Friday, December 12, 2008 6:48 PM
To: religionlaw@lists.ucla.edu
Subject: ACLU of NJ Fights
curious to hear what
the experts on the list think about it.
Ed Brayton
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of the cases that Allen Asch cites on his webpage.
Ed Brayton
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Paul Finkelman
Sent: Monday, December 15, 2008 4:02 PM
To: Law Religion issues for Law Academics
Subject: RE: ACLU of NJ Fights
the drought.
It did, however, rip the roof off a Baptist church in Tennessee, which
injured three children and sent them to the hospital. Not terribly relevant
to any legal analysis, but there it is.
Ed Brayton
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Paul Finkelman
Sent
The judge in Johnson v Poway denied a motion to dismiss by the school:
http://www.thomasmore.org/downloads/sb_thomasmore/PowayRuling.pdf
It strikes me as an odd ruling in that the judge discusses Tinker and
Pickering, two cases that clearly do not apply here, and only mentions Stone
v
Thanks for the link, Eric. This is an extraordinarily important issue that
I've been writing about a lot lately and your organization's work has been
excellent on it.
Ed
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Eric Rassbach
Sent: Wednesday, July
approved other funds for events by other
groups that might be considered political advocacy? The complaint says that
the council has funded activities by pro-choice groups, but it contains no
specifics. This could be a very interesting case.
Ed Brayton
This list is for discussion of the legal and constitutional issues, not for
the imagined social consequences. I'm afraid you'll have to peddle the myth
that the country went to hell when we kicked God out of schools to a
different (perhaps less educated) audience.
Ed Brayton
From: [EMAIL
academic freedom legislation, inviting local schools into a Dover
trap. The result is going to be very ugly and very expensive.
Ed Brayton
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Gibbens, Daniel G.
Sent: Monday, July 21, 2008 5:20 PM
To: 'Law
Federal court in Tennessee has ruled against the school in the famous
praying parents case. Ruling here:
http://www.tennessean.com/assets/pdf/DN109628529.PDF
Ed Brayton
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UC press release here:
http://www.universityofcalifornia.edu/news/acsi-stearns/courtdecisionsummary
_033108.pdf
Ruling here:
http://www.universityofcalifornia.edu/news/acsi-stearns/msjruling_033108.pdf
Ed Brayton
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examples
of bad scholarship and cheap indoctrination I've ever seen.
Ed Brayton
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that
was somehow evidence of its constitutionality. The Edwards dissent was
clearly not one of Justice Scalia's stronger arguments.
Ed Brayton
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Douglas Laycock
Sent: Monday, February 18, 2008 9:13 PM
To: religionlaw@lists.ucla.edu
Subject
Eugene, if you have a copy of that ruling can you email it to me? I just
checked on Lexis and didn't see it up yet. Ironically, I just finished a 3
part series on these cases for the Michigan Messenger, which drew heavily on
your NYU Law Review article on the subject.
Ed Brayton
-Original
that there was no particular
affiliation with a church. Probably 95 percent of the criminals that I see
before me come from homes where there's no established custodial -- or no
established religious affiliation.
Ed Brayton
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf
should seek to protect someone from. That's just not their
job.
Ed Brayton
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Vance R. Koven
Sent: Thursday, January 24, 2008 4:03 PM
To: Law Religion issues for Law Academics
Subject: Re: Shielding child whose mother is Catholic from
the child will suffer psychological
trauma. It's just not worth sacrificing the child to vindicate an
ideological predisposition.
On Jan 24, 2008 1:00 PM, Ed Brayton [EMAIL PROTECTED] wrote:
I could not agree more with Steve Jamar on this. The assumption that being
exposed to different ideas
at the fact that appeals courts have refused to overturn such
rulings even when they've been outrageously wrong.
Ed Brayton
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene
Sent: Wednesday, January 23, 2008 4:22 PM
To: Law Religion issues
, and it is against zoning regulations to
put up such structures, or any such structure higher than 14 feet, on
residential property. Does the RLUIPA apply to individuals on residential
property as well as to churches?
Ed Brayton
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regulation that limited the size of a school they want to build on church
grounds.
Ed Brayton
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Ed Brayton
Sent: Sunday, January 06, 2008 3:07 PM
To: 'Law Religion issues for Law Academics'
Subject: Cross on private property
to which he
may be conscientiously opposed.
Very interesting case. The mother apparently wants the child to go to
Catholic school, so it would seem that the constitutional argument would
apply to both sides.
http://www.wlky.com/news/14981101/detail.html
Ed Brayton
found very few cases where an appeals court overrules such a ruling. It
seems clear to me that there is at least some degree of constitutional
problem with such a ruling.
Ed Brayton
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Douglas Laycock
Sent: Sunday, January 06, 2008
But I guess the real question is, can the court choose that parent based on
the fact that they are religious and the other is not. That's really the
crux of the issue.
Ed Brayton
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Douglas Laycock
Sent: Sunday, January 06
unless you are okay with being quoted in my article.
Thanks.
Ed Brayton
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a faith with enough
confidence to believe that what should be rendered to God does not need to
be decided and collected by Caesar.
Coincidentally, I just used that quote in an article on a new released-time
program today.
Ed Brayton
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf
it was replaced with pagan. In both cases, it is used in that
context to mean nothing more than those who are not us.
Ed Brayton
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Cogan, Susan L.
Sent: Tuesday, December 18, 2007 10:15 AM
To: Law Religion
constitutes a secular symbol, e.g. a menorah or a star and
crescent as in the NY city school case. No more problems with endorsement of
any kind because every display is privately owned and maintained and all
private groups have equal access. Problem solved. Thoughts?
Ed Brayton
-Original Message
Then the answer is no as it does not fit the purpose of this limited public
forum.
Ed Brayton
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Susan Freiman
Sent: Monday, December 17, 2007 10:33 AM
To: Law Religion issues for Law Academics
Subject: Re
One of the seemingly infinite number of circulated emails full of feigned
outrage and false claims on this issue that litter our inboxes. This list is
the last place I would have thought I'd see one forwarded.
Ed Brayton
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Volokh
It appears from the article, though, that this suit is being filed just
over the municipality demanding that they file for a variance, not for
refusing the variance. Does that change the analysis at all?
Ed Brayton
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED
.
The TMLC says this violates the RLUIPA. Thoughts?
Ed Brayton
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Please note
Does anyone on the list know if Michigan has passed their own version of
RFRA? If so, can you tell me where to find it in the Michigan code?
Thanks.
Ed Brayton
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Yep, one and the same.
Ed Brayton
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene
Sent: Monday, September 17, 2007 10:35 PM
To: Law Religion issues for Law Academics
Subject: RE: Suing God (honest, it's a lawsuit that has really been
Is this really the appropriate list for such preaching? I know it damn
well isn't the appropriate list to be declaring some members of the list
mentally ill.
Ed Brayton
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of John Lofton
Sent: Saturday
The first amendment applies to what the government can do, not to what
is acceptable on a private listserv. This list is for discussion of
religion and law, not for you to harangue and proselytize. Surely that
shouldn't need to be explained on this list of all places.
Ed Brayton
-Original
enough, they
should have fired him for that.
Ed Brayton
-Original Message-
From: Scarberry, Mark [mailto:[EMAIL PROTECTED] On Behalf
Of Scarberry, Mark
Sent: Sunday, August 19, 2007 12:26 PM
To: Law Religion issues for Law Academics
Subject: RE: Church is not an option
The analyses
). There simply is no intrinsic logical link between
criticizing a set of beliefs and discriminating against those who hold
them; one can quite easily criticize someone for their beliefs and
staunchly defend their right to express them.
Ed Brayton
-Original Message-
From: [EMAIL PROTECTED
-Christians is merely a function of the
popularity of anti-gay views among Christians (or at least a certain
subset of them). Again, I don't think those motivations make such codes
legitimate, but let's at least state them accurately.
Ed Brayton
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with military chaplains paid for by the government for that
reason.
Ed Brayton
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Rick Duncan
Sent: Sunday, July 22, 2007 8:32 PM
To: Law Religion issues for Law Academics
Subject: Re: EC Compelling Interest
the ones involving Hastings School of Law and
the University of Wisconsin?
Ed Brayton
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in the case directly and therefore have easy access to
the briefs, filings, expert reports and so forth, or who knows someone
who does and would be willing to give me access to them, please contact
me off list. Thanks.
Ed Brayton
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going to allow such monuments to go up on public
property, allowing only one religion to place such monuments on public
property and no other religion is a clear establishment clause
violation.
Ed Brayton
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf
Im confused by this ruling. They denied the little sister's motion to
intervene, but also upheld the dismissal on grounds of mootness and
voided the whole case. Does that mean the case just goes away now or do
the plaintiffs have some recourse to start over at the district court?
Ed Brayton
as the forum is open to everyone but sometimes
goes a little too far while opposing all instances of government
endorsement of religion or favoritism toward one religion) it just
wouldn't scare the bejeezus out of people and prompt them to open up
their checkbooks.
Ed Brayton (and yes, I'm
also
pretty certain that plaintiffs in Engle v. Vitale included Christians
As were nearly all the plaintiffs in McLean, Edwards and Kitzmiller, the
three big evolution cases.
Ed Brayton
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to settle the case given the outcome in the
Dover trial last year. This comes one day before the one year
anniversary of the ruling in Kitzmiller v. DASD.
Ed Brayton
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be shut off at night. A law professor
from USC says that the RLUIPA prevents any enforcement of those
statutes, but that strikes me as unlikely. Any thoughts?
Ed Brayton
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supported by the courts.
Ed Brayton
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the same kind of exaggeration and
distortion that I'm objecting to).
Ed Brayton
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us no good in examining these
issues to oversimplify and demonize the other side. It adds plenty of
emotion and very little reason to the discusssion.
Ed Brayton
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to? If there have been such lawsuits filed, or even such opposition
stated, I'd like to see documentation of it.
Ed Brayton
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trying
to figure out who those others are and where this constitutional
showdown has ever taken place.
Ed Brayton
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anything to do with believing that the SYATP event itself is
unconstitutional. This just looks a lot like rhetorical hyperbole to
me, an attempt to paint far greater opposition than actually exists.
Ed Brayton
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us how to conduct ourselves in the most banal and irrelevant items
like how long to keep our hair, but couldn't be bothered to say only
marry one person? Or for that matter, don't own other human beings?
It just doesn't add up.
Ed Brayton
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of hair, type of fabric one may wear, etc), it is surely
reasonable to conclude from the fact that polygamy is not condemned, and
that God blesses polygamists greatly and makes them leaders throughout
the Bible, that polygamy is not frowned upon from the perspective of the
Bible.
Ed Brayton
and horses,
considered among the trappings of wealth and power. This is not a
commandment against polygamy at all, it is a commandment against kings
taking riches for themselves rather than looking after their people.
Ed Brayton
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a very strong version of the RFRA that might be used to
give such an exemption? Or am I mistaken?
Ed Brayton
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provides any
greater protection to religious liberty than that provided, after Smith,
at the federal level.
Okay, thank you. Have the state courts said anything in this regard? I
know that the Federal courts will not apply the RFRA to the states.
Ed Brayton
Paul Finkelman wrote:
Paul, I'm afraid your reply was empty. Can you resend?
Ed Brayton
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not apply either of
those cases in March. So it appears that the plaintiffs did not raise
the public forum issue and the court did not consider it.
Ed Brayton
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resolved the
constitutional questions?
Ed Brayton
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Please note that messages
should not exercise any control over
the content of their speech at all. Then the speech is purely their
own, there is no message of endorsement, and the student can say
whatever they want. Free speech preserved, establishment clause problem
eliminated, everyone hapy.
Ed Brayton
the Court will clear
it up.
Ed Brayton
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the court. I predict that such
line-drawing will be non-existent in his judgement on that case.
Ed Brayton
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to private groups for recognition, benefits or access,
religious groups should be treated the same as non-religious groups,
which means they should be able to control their membership.
Ed Brayton
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other than
the establishment clause, this legislation would not apply and the
teacher could recover the legal costs if she wins the suit, while those
objecting to the policy on the other side, because their suit would be
on establishment clause grounds, would not.
Any thoughts?
Ed Brayton
it
squarely with the majority, which in my mind means that it does amount
to bullying - we have the numbers, so you're just going to have to sit
there and take it while we carry out our religious exercises during a
school event where religion is completely irrelevant to the process of
education
them to bully someone else in Kentucky"?
The two situations have nothing to do with each other.
Ed Brayton
05.23.2006
Students Plead With School Boards for
Safe Schools and Free Speech
Sacramento, CAStudents and their parents packed out a school board
meeting at the Roseville Joi
in this debate very, very quickly.
Ed Brayton
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this
to try and elevate that level of understanding.
Ed Brayton
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Please
opponent of
hate speech codes, and I would argue that such codes at public
universities are clearly unconstitutional.
Ed Brayton
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good
government.)
Those are very interesting questions. I wonder if any of us would
answer them consistently in the real world.
Ed Brayton
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as well); but we
undermine our principled position if we then seek to have government
impose restrictions on their private behavior (as opposed to the laws
they advocate).
Ed Brayton
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speech and free association, they put their
own at risk.
Ed Brayton
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Please
, the situation would be quite different. But it seems to me that
the state of Massachusetts can achieve both goals here, opening
opportunities for gays to adopt children and allowing Catholic
Charities to continue to facilitate adoptions without violating their
faith.
Ed Brayton
Note well
faith.
I agree with all of that except the last part. The Bishops are acting
consistent with their faith, and to that extent I respect their
decision. But that doesn't make the rest of the statement untrue.
Ed Brayton
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that means I can't criticize them for it.
Ed Brayton
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Please note
Richard Dougherty wrote:
I happen to agree with Ed Brayton that tolerance does not mean immunity from
criticism, but I'm guessing many or most people would not.
But what does one call lecturing the Church on its own teachings? Or the assertion that
its theology, grounded in 2000 years
Does Massachusetts have a version of the RFRA, as many states do? If so,
how would they go about getting an exemption in the case of the gay
adoptions? Or could they invoke the Federal RFRA?
Ed Brayton
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asked the question.
Why is it not subject to the Federal RFRA? Does the Federal RFRA apply
itself explicitly to Federal actions only?
Ed Brayton
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[EMAIL PROTECTED] wrote:
TheAmericanView.com
2 years old is new?
Ed Brayton
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. If they take the position that they are an
explicitly religious organization, they will have a much harder time
making the case for subsidy.
Ed Brayton
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s religion is being denigrated if the professor
places the blame the other way. There simply is no way to avoid having
some beliefs contradicted in a university, nor should there be. So how
would you propose that such a line be drawn without essentially
destroying the entire purpose for which a
, the knowledge
of truth (of the HoloHoax) is expanding across the Earth.
For a USA-First government!
Larry
Would it be rude of me to suggest that someone stick a dreidel in this
guy's mouth to shut him up? Probably. I guess I better not suggest it then.
Crankily,
Ed Brayton
ms to
evolve, Dembski's explanatory filter relies upon the inability of the
interaction of chance and law to do the same thing, all of Wells'
arguments are purely negative in evaluating arguments for evolution,
etc.). Third, because there is no way to either t
those efforts.
Ed Brayton
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mate actions to curb
this particular type of abuse.
Ed Brayton
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Please not
e to me, all in all, though I don't think
I'd use the phrase "intelligent design theory". There is no such theory
at this point, so there's really nothing to teach. One could discuss
various arguments for intelligent design, I suppose, but that phrase is
a bit of an oxymoron.
Ed Brayton
fossil record, radiometric dating
and so forth.
Ed Brayton
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Please note that
course that taught that
perspective almost exclusively. In the second syllabus, they rushed to
find a single pro-evolution video to add to the 19 creationist videos
they were planning to show in the class. This class was simply
advocating creationism, plain and simple.
Ed Brayton
and the Endorsement Test. If it had been overturned, it would only
have been with an explicit repudiation of the Lemon test or the
endorsement tests, or both. Of course, we'll never know for sure since
it won't be appealed.
Ed Brayton
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you don't mind a little snow.
Ed Brayton
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Please note that messages sent
of
folks like Dawkins and Dennett.
I think it would not only be constitutional, I think it is necessary. We
do a lousy job of teaching how science operates, by and large, and I
think we absolutely ought to teach science beginning there.
Ed Brayton
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