RE: Discrimination

2005-11-20 Thread Gene Summerlin
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

RE: Bronx Household of Faith v New York Schools

2005-11-18 Thread Gene Summerlin
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

RE: Bronx Household of Faith v New York Schools

2005-11-18 Thread Gene 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

RE: Discrimination Between Religious and Political Speech

2005-11-17 Thread Gene Summerlin
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

RE: Discrimination Between Religious and Political Speech

2005-11-16 Thread Gene Summerlin
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

RE: Bloodsucking circumcision

2005-08-29 Thread Gene Summerlin
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

RE: The Original Message: UC system sued

2005-08-29 Thread Gene Summerlin
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

RE: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-20 Thread Gene Summerlin
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

RE: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-20 Thread Gene Summerlin
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

RE: Findings on Hostility at Smithsonian Noted in NRO Article

2005-08-20 Thread Gene Summerlin
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

RE: Pres. Bush Supports Intelligent Design

2005-08-02 Thread Gene Summerlin
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

RE: Pres. Bush Supports Intelligent Design

2005-08-02 Thread Gene Summerlin
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

Religious Objection to Genetic Screening Test

2004-11-30 Thread Gene Summerlin
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

RE: Lesser protection for religious advocacy

2004-11-10 Thread Gene Summerlin
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

RE: Lesser protection for religious advocacy

2004-11-10 Thread Gene Summerlin
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

RE: Lesser protection for religious advocacy

2004-11-09 Thread Gene Summerlin
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

RE: Lesser protection for religious advocacy

2004-11-09 Thread Gene Summerlin
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

RE: Lesser protection for religious advocacy

2004-11-09 Thread Gene Summerlin
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

Pamphlets at School

2004-11-05 Thread Gene 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

RE: Pamphlets at School

2004-11-05 Thread Gene Summerlin
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

RE: Lesser protection for religious advocacy

2004-11-05 Thread Gene Summerlin
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

RE: Religion Clauses question

2004-06-15 Thread Gene Summerlin
: 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

RE: Religion Clauses question

2004-06-04 Thread Gene Summerlin
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

RE: Religion Clauses question

2004-06-04 Thread Gene Summerlin
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

RE: Religion Clauses question

2004-06-04 Thread Gene Summerlin
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

RE: UU ministers arrested

2004-03-16 Thread Gene Summerlin
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