Gene,
To put
it simplistically, it is not at all clear that the phrase "Congress shall make
no law prohibitingthe free exercise of religion" means that the clause is
violated only when Congress "totally" prohibits the free exercise of
religion. It is just as intellectuallyfair to say that
religious organizations the
right to use the facilities and the district court grants summary
judgment for the school district. Post-Good News Club, you may have an
identical set of facts and the district court will grant summary
judgment for the church.
Clear as mud?
Gene Summerlin
Ogborn, Summerlin
Ed,
From a procedural standpoint, I'm not surprised that the court granted
summary judgment. From a substantive standpoint, like you, I'm
surprised that the summary judgment was granted in favor of the
defendants rather than the plaintiffs.
Gene Summerlin
Ogborn, Summerlin Ogborn, P.C.
210
I guess I misunderstood Mr. Garmen's point. My apologies.
Gene Summerlin
Ogborn, Summerlin Ogborn, P.C.
210 Windsor Place
330 South Tenth Street
Lincoln, NE 68508
(402) 434-8040
(402) 434-8044 (facsimile)
(402) 730-5344 (mobile)
[EMAIL PROTECTED]
www.osolaw.com
-Original Message-
From
If, as you state, the exercise of 'religion' . . .cannot be prohibited
(which means totally--see Webster's) in any way, shape or form, as you
suggest, then if my religion requires human sacrifice and I kill someone
as part of a religious rite, I'm exempt from the laws against murder?
Gene
the oldest of the fundamental liberty interests
recognized by [the] Court. Even assuming the State had a compelling
interest in banning oral suction, a complete ban - as opposed to, say,
testing of Rabbis to insure they didn't have Herpes 1 - would appear to
fail the narrowly tailored requirement.
Gene
Ed,
The issue, from a constitutional standpoint, is not whether
you can point out a way which a state university could
evaluate certain literature, history or other classes and reject them as not
meeting their requirements. I don't think anyone disagrees that this is
possible. The question
The idea that "pharyngeal arches" mutated into gills in fish and lungs in
other animals is really far fetched from a practical genetic standpoint.
Mutations occur very rarely in a given population and are generally
deleterious. It is also true that mutations are generally recessive traits
Ellis,
You are right. I should have been more
specific. I am also enjoying the EC aspects of this debate with respect to
teaching in public schools. My point, which I made quite poorly, was that
discussing whether specific tenets of ID or evolution are correct or false,
seems to be leading
PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Ed
BraytonSent: Saturday, August 20, 2005 6:49 PMTo: Law
Religion issues for Law AcademicsSubject: Re: Findings on
Hostility at Smithsonian Noted in NRO Article
Gene Summerlin wrote:
The idea that "pharyngeal arches" mutated
As Eugene patiently and consistently reminds us, this list
is not made up of scientists or theologians. Though my legal interests lie
in constitutional law, I make my living by representing a number of genetics
companies. I consistently run into scientists who reject Darwin's theory
of
AcademicsSubject: Re: Pres. Bush
Supports Intelligent Design
Gene Summerlin wrote:
To the extent that our current discussion indicates that
no "true" scientist believes in God or the intelligent design theory, the
following nobel prize winners state
otherwise.This is simply a
I have been contacted by a family that is
expecting a baby in about two weeks. The family is new to Nebraska and
just found out that Nebraska has a mandatory PKU screening test that, by
statute, must be performed via a blood draw within 24to 48 hours of
birth. There is no
who raised
divine creation as an alternative in a class room discussion of evolution?
Gene Summerlin
Ogborn Summerlin Ogborn P.C.
210 Windsor Place
330 So. 10th St.
Lincoln, NE 68508
(402) 434-8040
(402) 434-8044 (FAX)
(402) 730-5344 (Mobile)
www.osolaw.com
[EMAIL PROTECTED]
-Original
You seriously want me to explain what discuss means?!? It means to talk
about. I'm not aware of other hidden or technical meanings attributed to
the term.
Gene Summerlin
Ogborn, Summerlin Ogborn, P.C.
210 Windsor Place
330 South 10th St.
Lincoln, NE 68508
402.434.8040
402.434.8044 (FAX
conversation
between students and/or faculty.
Gene Summerlin
Ogborn, Summerlin Ogborn, P.C.
210 Windsor Place
330 South 10th St.
Lincoln, NE 68508
402.434.8040
402.434.8044 (FAX)
402.730.5344 (Mobile)
www.osolaw.com
[EMAIL PROTECTED]
-Original Message-
From: [EMAIL PROTECTED]
[mailto
Mark,
Respectfully, I disagree that my question is obviously overbroad. I hear a
number of opinions that seem to indicate that religious speech may be banned
from schools. My question, I think, is an appropriate one to determine the
reach to which such a ban would extend.
Gene Summerlin
Ogborn
in which you
attempt to convert someone else to your view. If that is the prohibition
being proposed, then that seems to be clear viewpoint based discrimination
on speech, and I fail to understand the First Amendment underpinnings that
would justify such a restriction.
Gene Summerlin
Ogborn, Summerlin
perspective, if I were asked to advise the school I would
be sure to inform them that if they decide to enact such a ban, they better
start a litigation fund because it is sure to start a lawsuit.
Good luck, Marc.
Gene Summerlin
Ogborn Summerlin Ogborn P.C.
210 Windsor Place
330 So. 10th St.
Lincoln, NE
he
trick, and it would be no more unconstitutional than are the bans on religious
discrimination in, e.g., the Civil Rights Act.
- Original Message -
From: "Gene Summerlin" [EMAIL PROTECTED]
To: "'Law Religion issues for Law
Academics'" [EMAIL PROTE
empowered to ban all mention of religion in student
conversations, any more than the administration could ban discussions of
politics between students during non-instructional time.
Gene Summerlin
Ogborn, Summerlin Ogborn, P.C.
210 Windsor Place
330 South 10th St.
Lincoln, NE 68508
402.434.8040
: Hyperion, 2000); Nicholas Zill, Donna
Morrison, and Mary Jo Coiro, Long-Term Effects of Parental Divorce on
Parent-Child Relationships, Adjustment, and Achievement in Young Adulthood,
Journal of Family Psychology, 7 (1993):91-103.
Gene Summerlin
Ogborn Summerlin Ogborn P.C.
210 Windsor Place
330 So. 10th
otherwise be spent on social welfare
programs. Therefore, the state provides economic incentives to encourage
people to form the type of family unit that best utilizes the state's
resources.
Gene Summerlin
Ogborn Summerlin Ogborn P.C.
210 Windsor Place
330 So. 10th St.
Lincoln, NE 68508
(402) 434-8040
in
withholding the legal benefits of marriage, that is the incentive to marry,
from any family arrangement other than heterosexual marriage.
Gene Summerlin
Ogborn Summerlin Ogborn P.C.
210 Windsor Place
330 So. 10th St.
Lincoln, NE 68508
(402) 434-8040
(402) 434-8044 (FAX)
(402) 730-5344 (Mobile
that it
will not provide these same benefits. The proponents of such a major change
in social policy should, in my opinion, provide more justification than
let's try this experiment and see what happens.
Gene Summerlin
Ogborn Summerlin Ogborn P.C.
210 Windsor Place
330 So. 10th St.
Lincoln, NE 68508
Steve,
Do you know what the criminal charge is? I could certainly envision the
state refusing to recognize the marriages performed by the ministers or,
perhaps, the state revoking the ministers licensure, but what is the
criminal law which they have broken?
Gene Summerlin
Ogborn Summerlin
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