Re: Trinity Lutheran and the ERISA cases - Do Churches Want Special Treatment or Not?

2017-04-26 Thread Marc Stern
en's roles. And none of this is to discuss the expanded role of government funding ( and levels of taxes) since the founding, at the federal level at least premised on a reconsidered view of delegated powers such as the spending clause. Marc Stern General Counsel AJC 212 891 1480 646 287 2606(cell)

RE: Trinity Lutheran and the ERISA cases - Do Churches Want Special Treatment or Not?

2017-04-26 Thread Marc Stern
That’s all true, but the deal used to be no funding and lots of church autonomy in return., including the right to hire and fire for religious reasons. The same folks who complain about government funding are quite willing to allow government regulation of religious organizations with our

Re: Religious objections to deportation policies

2017-03-28 Thread Marc Stern
. Marc Stern General Counsel AJC 212 891 1480 646 287 2606(cell) On Mar 28, 2017, at 8:07 AM, Saperstein, David <dsaperst...@rac.org<mailto:dsaperst...@rac.org>> wrote: I presume there would have to be actual government action against the congregation first and then a RFRA d

Re: Religious objections to deportation policies

2017-03-28 Thread Marc Stern
Before RFRA, the issue was litigated under Sher Bert in the ninth circuit- I believe a presbyterian church in Tucson. I will dig up the cite when I get to the office. As I recall, the church lost. Marc Stern General Counsel AJC 212 891 1480 646 287 2606(cell) On Mar 28, 2017, at 8:07 AM

Re: Federal RFRA in Davis-Like Situation?

2015-09-16 Thread Marc Stern
But the court decisions refusing to recognize RFRA claims in suits between private parties even where the suit arises under federal statute point the other way-although by analogy to Shelly and NY TImes v Sullivan,a court decision is no less action of government than an enforcement action by a

RE: Colorado Cakeshop decision

2015-08-14 Thread Marc Stern
Many years ago , a German style restaurant in California was sued under the Unruh Act(California's public accommodation law) for excluding a neo-Nazi group which was seeking to trade on the ethnic cuisine to enhance its own legitimacy. The restaurant lost at the trial court. I offered to carry

Re: The Remarkable Disappearance of State Justifications in Obergefell

2015-07-03 Thread Marc Stern
Isn't it also true that certainly Scalia as well as others have been reluctant to engage in balancing- as in the scout master case where no justice, as I recall, discussed the state's interest in non- discrimination? And Smith is in part premised on the danger in balancing. Marc Stern Sent

[no subject]

2015-06-12 Thread Marc Stern
In Smith v Jefferson County Bd. of School Comm'rs, 13-5957,decided yesterday by the Sixth Circuit,, the concurring judge(Judge Batchelder) said flat out that We do not grant monetary damages for violations of the Establishment Clause. No authority is cited for that proposition ,other than a

RE: For-Profit Corporations and the Section 702 Exemption

2015-03-10 Thread Marc Stern
As I recall, the leading case in EEOC v Townley Mining and Manufacturing, a Ninth Circuit case. Marc D. Stern General Counsel AJC 212 891 1480 646 289 2707 (c ) 212 891 1495 (f) ste...@ajc.org www.ajc.org Facebook.com/AJCGlobal Twitter.com/AJCGlobal -Original Message- From:

Re: Bishop John Hughes, Protestant Public Schools in New York, and Political Activity by Clergy

2014-12-25 Thread Marc Stern
The story is well told in Diane ravitch's The Great School Wars Sent from my BlackBerry 10 smartphone on the Verizon Wireless 4G LTE network. Original Message From: Graber, Mark Sent: Thursday, December 25, 2014 7:51 AM To: Law Religion issues for Law Academics Reply To: Law Religion issues

Re: I would not have enacted this statute - Justice Scalia on RLUIPA

2014-10-19 Thread Marc Stern
I would add that, from a practitioner's point of view, pre- Smith compelling interest was a large club to swing. It is less than clear to me that the correct metric for judging a rule of law is a small handful of Supreme Court ( or even published circuit court )opinions which are typically the

Re: Holt v. Hobbs Oral Argument

2014-10-07 Thread Marc Stern
A simple fact of prison litigation is that prison officials lie-or simply care little for the facts-when asserting concerns about security. When I was a law clerk, the states routinely filed canned briefs asserting grave and unavoidable security concerns , no matter what the reality was-and in

[no subject]

2014-09-28 Thread Marc Stern
Today's NY Times Review section has an article by a professor of evolutionary biology at a public university describing a lecture he gives annually explaining how that body of science ‎ has undermined central claims of religious traditions. Is it constitutional for him to give this lecture?

Re: Is Discussion of Justices' Religion Off Limits?

2014-07-11 Thread Marc Stern
Justice SotamayOr ‎has. Sent from my BlackBerry 10 smartphone on the Verizon Wireless 4G LTE network. From: Paul Finkelman Sent: Friday, July 11, 2014 3:19 PM To: Law Religion issues for Law Academics Reply To: Paul Finkelman Cc: CONLAWPROF Subject: Re: Is Discussion of Justices' Religion Off

Re: Hobby Lobby transcript

2014-03-25 Thread Marc Stern
One of the blue law cases did involve a kosher butcher - I think it was named Crown Kosher

Re: letter opposing Mississippi RFRA

2014-03-12 Thread Marc Stern
Sent from my BlackBerry 10

Re: bigotry and sincere religious belief

2014-02-27 Thread Marc Stern
Sent from my BlackBerry 10

Re: Subject: Re: Kansas/Arizona statutes protecting for-profit businesses

2014-02-26 Thread Marc Stern
Assume neither bill becomes law. A wedding photographer hangs a sign in his shop saying SSM is immoral but state civil rights require us to photograph SSM ceremonies. A complaint of discrimination is filed. What result? Marc Stern From: Richard Dougherty [mailto:dou...@udallas.edu] Sent

RE: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-09 Thread Marc Stern
On Dec 8, 2013, at 10:19 PM, Marc Stern ste...@ajc.org wrote: True enough: but American Humanist Society recently persuaded a Florida county to put up theirmonument as a counter to a Ten Commandments display. Marc - Original Message - From: Douglas Laycock [mailto:dlayc

Re: Satanists want statue beside Ten Commandments monument at Oklahoma Legislature

2013-12-08 Thread Marc Stern
True enough: but American Humanist Society recently persuaded a Florida county to put up theirmonument as a counter to a Ten Commandments display. Marc - Original Message - From: Douglas Laycock [mailto:dlayc...@virginia.edu] Sent: Sunday, December 08, 2013 09:47 PM To: Law Religion

RE: The Establishment Clause, burden on others, the employer mandate, and the draft

2013-12-02 Thread Marc Stern
There was also an exemption for divinity students. From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Douglas Laycock Sent: Monday, December 02, 2013 4:01 PM To: 'Law Religion issues for Law Academics' Subject: RE: The Establishment Clause, burden

RE: The Establishment Clause, burden on others, the employer mandate, and the draft

2013-12-02 Thread Marc Stern
: The Establishment Clause, burden on others, the employer mandate, and the draft And you'll be relieved to know that it was only a coincidence that seminary applications sky-rocketed beginning around 67. Sent from my iPhone On Dec 2, 2013, at 4:04 PM, Marc Stern ste...@ajc.orgmailto:ste...@ajc.org

RE: Rights of corporations and RFRAs

2013-11-27 Thread Marc Stern
Does anyone know who is going to brief first(upside),and who is going to brief second (downside in the contraception cases? Or is each case going to brief on the normal schedule? The docket sheet said nothing late yesterday on this subject. Marc -Original Message- From:

RE: The ability to practice one's religion

2013-11-27 Thread Marc Stern
The UK supreme court today rejected acclaim by owners of a bed and breakfast that they should have religious liberty right not to host a same sex couple. Here is link: http://www.supremecourt.gov.uk/decided-cases/docs/UKSC_2012_0065_Judgment.pdf Marc

RE: Contraception mandate

2013-08-02 Thread Marc Stern
arguing to a political body like Congress and in an effort to muster public opinion) the issue was cast in less abstract terms. Marc Stern 0From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of David Cruz Sent: Thursday, August 01, 2013 10:02 PM

Re: Contraception mandate

2013-08-01 Thread Marc Stern
, doug has consistently adhered to the same position-that religious liberty standards apply to all claims but some are more likely to prevail than others. One can disagree with that position, but it is flat out wrong to accuse Doug of misleading anyone. Marc Stern From: Marci Hamilton

Re: Contraception mandate

2013-08-01 Thread Marc Stern
, doug has consistently adhered to the same position-that religious liberty standards apply to all claims but some are more likely to prevail than others. One can disagree with that position, but it is flat out wrong to accuse Doug of misleading anyone. Marc Stern From: Marci Hamilton

Re: Contraception mandate

2013-08-01 Thread Marc Stern
Saw it. In the next post, she accuses doug of lying to left wing groups about RLPA and civil rights. I've responded defending Doug. Marc From: Saperstein, David [mailto:dsaperst...@rac.org] Sent: Thursday, August 01, 2013 07:25 PM To: Law Religion issues for Law Academics

Re: Contraception mandate

2013-08-01 Thread Marc Stern
Law Benjamin N. Cardozo School of Law Yeshiva University 55 Fifth Avenue New York, NY 10003 (212) 790-0215 http://sol-reform.com -Original Message- From: Marc Stern ste...@ajc.org To: religionlaw religionlaw@lists.ucla.edu Sent: Thu, Aug 1, 2013 7:34 pm Subject: Re: Contraception

RE: RLUIPA prison cases

2013-04-22 Thread Marc Stern
Becket does a fair amount of this; so does the Aleph Institute in Miami Florida. I'd go with Becket. From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Douglas Laycock Sent: Monday, April 22, 2013 4:31 PM To: 'Law Religion issues for Law

Re: High School Student's Religious Objection to Wearing RFID Chip Badge for Student Locator Program

2012-11-22 Thread Marc Stern
Why is this not the pedestrian version of the warrantless GPS? Marc - Original Message - From: Volokh, Eugene [mailto:vol...@law.ucla.edu] Sent: Thursday, November 22, 2012 01:16 PM To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu Subject: RE: High School Student's

FW: Fouche V. NJ Transit

2012-07-26 Thread Marc Stern
to disclose that fact up front. In practical terms, no employer with any choice at all will hire such a person. Proving that sort of employment discrimination is almost always impossible in individual cases Marc Stern. -Original Message- From: religionlaw-boun...@lists.ucla.edu

Fouche V. NJ Transit

2012-07-20 Thread Marc Stern
a week services (e.g. police ,hospitals etc.) have a new , non-statutory, unprecedented, defense in Title VII religious accommodation cases. Marc Stern ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options

Re: German circumcision decision

2012-07-01 Thread Marc Stern
U From: Finkelman, Paul paul.finkel...@albanylaw.edu [mailto:paul.finkel...@albanylaw.edu] Sent: Sunday, July 01, 2012 12:43 PM To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu Subject: RE: German circumcision decision there is mixed evidence on circumcision. Some

Re: Religious exemptions in ND

2012-06-15 Thread Marc Stern
Allowing religious liberty defenses(which have so far been mostly unsuccessful) no more endangers children than does placing the burden of proof on the plaintiff in civil cases and the state(beyond a reasonable doubt) in criminal cases,rules against hearsay or requiring actual confrontation

Re: Religious exemptions in ND

2012-06-14 Thread Marc Stern
In short,any accommodation of religion is a violation of the equal protection clause. This would certainly be a rather sharp departure from the best of the American tradition. And I guess I have been misinformed all these years in thinking religious freedom was a basic american value. Bob's

RE: Court upholds prison no-pork policy against EstablishmentClause challenge

2012-04-12 Thread Marc Stern
Except that PETA itself has in the past referred to the way commercial farm animals are raised as rep[licating conditions in concentration camps. Marc From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of hamilto...@aol.com Sent: Thursday, April

Re: Discrimination against people with religious motivations for their actions

2012-03-08 Thread Marc Stern
Might I suggest another way of looking at this debate: race. Not the race of the drivers and that of their passengers. instead i take it as common ground that no one would tolerate taxi drivers turning down passengers on the basis of race. Does it follow that we should treat all prohibited

RE: Point of Information -- not quite on topic

2012-03-07 Thread Marc Stern
I had an odler (jewsih) colleague who told me that one of the high points of his life was playing at Wriggley Field in the Catholic League championship game. This was in the late 30's or 40's. Marc From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf

Re: Basketball tournaments on the Sabbath

2012-03-06 Thread Marc Stern
. the rationale was to allow students to avoid religious conflicts. Marc Stern. . - Original Message - From: Marci Hamilton [mailto:hamilto...@aol.com] Sent: Saturday, March 03, 2012 12:25 PM To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu Cc: Law Religion issues for Law

Re: Selective Support of Religious Liberty

2012-03-04 Thread Marc Stern
Marty is right. but the problem is not limited to the right. The left is completely unsympathetic to religious liberty claims in equality cases or reproductive rights cases. Look at hosanna tabor or christian legal society-the-latter struck me as an easy case the court got all wrong. but look

Re: Interesting late 1800s Arkansas law related to government and religion

2012-01-26 Thread Marc Stern
Presumably a political party could do the same and probably lots of other ideological organizations could too given the Boy scout decision resting on freedom of ideological non- association. Marc From: Finkelman, Paul paul.finkel...@albanylaw.edu [mailto:paul.finkel...@albanylaw.edu] Sent:

Re: Go to Church or Go to Jail?

2011-09-26 Thread Marc Stern
Sixty five years ago, the Virginia Supreme Court threw out a juvenile sentence of this type. One can only wonder why this prosecutor and judge can't see what was long ago obvious. Marc From: Steve Sanders [mailto:steve...@umich.edu] Sent: Monday, September 26, 2011 09:05 PM To: 'Law Religion

Re: Teacher suspended for anti-same-sex-marraige Facebook post

2011-08-19 Thread Marc Stern
Some years ago,the second circuit decided a case involving a teacher at an elite nyc public school who was a member in the North American Man Boy Love Society. The teacher said nothing about his membership in school;naturally the students found out. The second circuit affirmed his dismissal. I

Re: Widmar v. Vincent redux, though in a traditional public forum?

2011-08-15 Thread Marc Stern
Similar issues were raised-albeit before public forum doctrine was very developed-and both the Third and DC Circuits held there was no violation of the EC in allowing a papal mass in a public park. And the cert grant in Fowler v RI(1952) was to answer the question of whether a religious event

Re: Widmar v. Vincent redux, though in a traditional public forum?

2011-08-15 Thread Marc Stern
Isn't the kids will get the wrong impression defense explicitly rejected in Good News -though(I don't have access to the decision)perhaps only by a plurality. Marc From: Volokh, Eugene [mailto:vol...@law.ucla.edu] Sent: Monday, August 15, 2011 12:43 PM To: Law Religion issues for Law Academics

Re: Widmar v. Vincent redux, though in a traditional public forum?

2011-08-15 Thread Marc Stern
The rule in bronx household is that schools can be rented whenever not in use. They are less frequently in use on sundays, but lots of schools can be rented on Saturday or Friday nights. Marc From: Marty Lederman [mailto:lederman.ma...@gmail.com] Sent: Monday, August 15, 2011 12:54 PM To: Law

Re: Establishment Clause, equal access, and confusion

2011-08-15 Thread Marc Stern
The two decisions in which possible erroneous endorsements play a role are Pinette and Good News(and maybe the ten commandment cases).In Lee,the problem was not about a mistake about the existence of endorsement, but what the meaning of the school's action in including a prayer at graduation.

RE: The End of NY's Kosher Inspectors

2011-01-05 Thread Marc Stern
The first permanent Kosher law was enacted in NY in 1917 to combat what was then rampant an open fraud in the sale of kosher meat( Its constitutionality against a due process vagueness challenge was upheld by the US Supreme Court.). I summarized this history in an article I wrote in the journal

RE: May American court appoint only Muslim arbitrators, pursuant toan arbitration agreement?

2011-01-03 Thread Marc Stern
Why isn't Shelley v. Kramer at least relevant, even if it can be distinguished, and even if it's most extreme implications-that all judicial enforcement of private activity is state action- would be problematic to many albeit not always in the same cases? Marc D. Stern Associate General

RE: May American court appoint only Muslim arbitrators, pursuant to an arbitration agreement?

2011-01-03 Thread Marc Stern
But would this agreement be enforceable in Oklahoma ,with its ban on courts applying sharia law? Marc D. Stern Associate General Counsel 165 East 56th Street NY NY 10022 ste...@ajc.org 212.891.1480 646.287.2606 (cell) -Original Message- From: religionlaw-boun...@lists.ucla.edu

RE: No religious advertisements on municipal buses

2010-12-21 Thread Marc Stern
The lower federal courts in controversies over transit ads still treat Lehman as good law, See e.g., Entertainment Software v. CTA, 696 F.Supp.2d 934(N.D. Illinois 2010); Ridley v. MBTA, 390 F.3d 65 ( 1st Cir. 2004). I am unaware of any subsequent Supreme Court case questioning Lehman's continued

RE: Federal regulators apparently force bank to take downreligioussymbols

2010-12-20 Thread Marc Stern
In Dixon v. Hallmark Companies, 10-10047,decided last week by the 11th Circuit, the Court held that an employee fired for protesting a company decision ordering him (and her) to take down a religious poster in the office had nor retaliation claim because no objective person would think there was

RE: Federal regulators apparently force bank to takedown religioussymbols

2010-12-20 Thread Marc Stern
The Eleventh Circuit says nothing on that score, though the question is obvious. I think the reason it did not-aside from the obvious possibility that appellants may not have raised it-is that the court is so hell bent on limiting retaliation claims that if a claim is not meritorious on its face

RE: Why We Have Standing Rules

2010-11-11 Thread Marc Stern
There have been efforts from within Islam to invoke law to silence all criticism of Islam-witness the persistent efforts at the UN (in various organs including UNESCO) to ban defamation of religion. In early versions, the language read especially Islam. But whatever the merits or demerits of

RE: TRO against Oklahoma no use of Sharia Law

2010-11-10 Thread Marc Stern
The five judges who dissented on the standing issue stated explicitly that while the Catholic League did not have standing, the Catholic Church would have. Why isn’t that caveat controlling here? Marc D. Stern Associate General Counsel for Legal Advocacy ste...@ajc.org 212.891.1480

RE: TRO against Oklahoma no use of Sharia Law

2010-11-10 Thread Marc Stern
Oklahoma has enacted a state RFRA. The new constitutional provision would seem to forbid Muslims –and Muslims only- from invoking that law in a case involving sharia law, i.e., any claim of religious liberty advanced by a Muslim. (it would also bar, I assume, any claim in the Oklahoma courts by a

RE: TRO against Oklahoma no use of Sharia Law

2010-11-10 Thread Marc Stern
: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marc Stern Sent: Wednesday, November 10, 2010 11:36 AM To: 'Law Religion issues for Law Academics' Subject: RE: TRO against Oklahoma no use of Sharia Law The five judges who dissented on the standing

Re: 10th Circuit Finds Church Immune From Workplace DiscriminationSuit

2010-07-19 Thread Marc Stern
Employees whose employers employ less than 15 people also have no protection under federal law Marc - Original Message - From: religionlaw-boun...@lists.ucla.edu religionlaw-boun...@lists.ucla.edu To: religionlaw@lists.ucla.edu religionlaw@lists.ucla.edu Sent: Mon Jul 19 10:45:09 2010

RE: Is Bob Jones v. U.S. limited to government funding programs?

2010-06-30 Thread Marc Stern
of religion in the Constitutional scheme allowed for some aid to religion-a holding in considerable tension with the CLS holding that religion is entitled to no special treatment.Of course,Norwood predates Smith-. Marc Stern From: religionlaw-boun...@lists.ucla.edu

RE: A real-life on-campus example

2010-05-13 Thread Marc Stern
it to deny non-exclusive access to public spaces to groups that engage in such discrimination. The Court held there that to enforce non-discrimination rules against such private groups (schools!) would deny the segregation academies freedom of association. Why isn't Gilmore controlling here? Marc Stern

RE: A real-life on-campus example

2010-05-13 Thread Marc Stern
13, 2010 8:11 AM To: Law Religion issues for Law Academics; hamilto...@aol.com; Esenberg, Richard Subject: RE: A real-life on-campus example Marc Stern is overstating the holding of Gilmore. Most of the opinion is about a state action question -- whether the city is complicit in the segregation

RE: A real-life on-campus example

2010-05-11 Thread Marc Stern
It is common for a dismissal as improvidently granted to occur soon after oral argument. I think too much time has passed to make such a disposition likely. Marc -Original Message- From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Sanford

RE: A real-life on-campus example

2010-05-11 Thread Marc Stern
What is the relevance of Gilmore v. City of Montgomery,417 US 556 which held that cities need not,indeed could not, exclude racially segregated schools from non-exclusive use of public parks so long as there was no lingering state action. .The Court seems to have held held that to do so would

RE: Factual Clarification re CLS

2010-05-10 Thread Marc Stern
It is not true that it never happens. I think it was scientology in the late 70's or early 80's Scientology tried to take over an anti-cult group,invokng the Unruh Act. The California courts saw through the effort. Marc -Original Message- From: religionlaw-boun...@lists.ucla.edu

[no subject]

2010-05-04 Thread Marc Stern
. On the other hand ,i think the court is right about retaliation cases not being preempted by the religious exemption. Marc Stern From: religionlaw-boun...@lists.ucla. d to edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf

Re: Cert. granted in Snyder v. Phelps.

2010-03-10 Thread Marc Stern
So , Marci, you would allow this church to picket same sex weddings? And you would bar pickets from a funeral at which cheney spoke about the importance of the iraq war? Marc - Original Message - From: religionlaw-boun...@lists.ucla.edu religionlaw-boun...@lists.ucla.edu To:

RE: Religious exemptions and preferences for the religious overthe nonreligious

2010-03-02 Thread Marc Stern
Doug's position was enunciated by courts grappling under sherbet with claims for sacred marijuana use marc From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Douglas Laycock Sent: Tuesday, March 02, 2010 4:30 PM To:

RE: Federal Appeals Court Goes With 'God'

2009-12-10 Thread Marc Stern
yes but there is no guarantee that future inaugurations will be the same as past ones. Marc Stern From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Friedman, Howard M. Sent: Thursday, December 10, 2009 3:03 PM

RE: Ireland Charities Act 2009: Regulating the Sale of Catholic'Mass Cards'

2009-08-06 Thread Marc Stern
Does not US v Ballard (US 1944) state the applicable rule-which is (unsurprisingly) the rule Doug proposed? Marc Stern From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Douglas Laycock Sent: Tuesday, August 04

RE: Francis Collins and Acceptable Criticisms

2009-08-06 Thread Marc Stern
there are cases in which the federal courts ahve upheld the discharge of political appointees who have made (hostile) religious statements about homosexuality. Marc Stern From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf

Re: Illinois RFRA

2009-06-09 Thread Marc Stern
of the case Marc stern - Original Message - From: religionlaw-boun...@lists.ucla.edu religionlaw-boun...@lists.ucla.edu To: religionlaw@lists.ucla.edu religionlaw@lists.ucla.edu Cc: lawyer2...@aol.com lawyer2...@aol.com Sent: Tue Jun 09 19:14:20 2009 Subject: Re: Illinois RFRA Doug

Re: Illinois RFRA

2009-06-09 Thread Marc Stern
-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marc Stern Sent: Tuesday, June 09, 2009 7:26 PM To: religionlaw@lists.ucla.edu Subject: Re: Illinois RFRA The second circuit held in a split decision somehow dissenting that FRA displaced the ministerial exCeption

Re:

2009-06-05 Thread Marc Stern
-Original Message- From: religionlaw-boun...@lists.ucla.edu on behalf of Marc Stern Sent: Fri 6/5/2009 3:32 PM To: Law Religion issues for Law Academics Subject: Ha anyone seen statistics on the religious breakdown of pro-and anti- Proposition 8 voters

Re: marc stern's question re: Prop 8

2009-06-05 Thread Marc Stern
(Chip) Lupu Sent: Friday, June 05, 2009 12:41 PM To: Law Religion issues for Law Academics Subject: marc stern's question re: Prop 8 Please reply to the list if you have any of the data that Marc Stern is seeking (see below). Thanks. Original message Date: Fri, 5 Jun 2009 15:32

RE: Iqbal and the Free Exercise Clause

2009-05-27 Thread Marc Stern
if the standard is the that legislature knows what it is doing, nothing will ever be unconstitutional. Marc From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Brownstein, Alan Sent: Wednesday, May 27, 2009 1:51 PM

RE: ACLJ's Jay Sekulow Slams Judge Sonia Sotomayor on church stateseparation

2009-05-07 Thread Marc Stern
or the District Court) ?.I don't think she sat in the 2nd Circuits foray into Christmas observances in the public schools. Marc Stern From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of aa...@aol.com Sent: Thursday, May 07, 2009 3

RE: Religion and suicide determinations

2009-05-06 Thread Marc Stern
State insurance departments must approve all insurance polices. Does that make a difference? And is not a refusal ot issue policies to people who won' accept autopsies, amount to a declaration that certain faith groups (Jews, Hmong and others) are not eligible for insurance? Marc Stern

RE: Bowman v. U.S.

2009-05-05 Thread Marc Stern
Would the result be the same if a school required community service, but prohibited students from fulfilling that obligation in a religious setting, or excluding say Sunday school teaching from the list of permissible placements? Marc Stern -Original Message- From: religionlaw-boun

Re: Religious attitudes towards self-defense, deadly and otherwise

2009-03-20 Thread Marc Stern
response will suffice. .this hard line attitude helps explain why many israelis reject ihl insistence that doubts about the availability of a self defense claim be resolved against the claim. I will try to find a written summary Marc stern - Original Message - From: religionlaw-boun

Re: NY Religious Corporations Law

2009-03-12 Thread Marc Stern
Generally the not for profit corporation leaves so much room to create a corporate form amenable to one's needs that this should not be a problem Marc stern - Original Message - From: religionlaw-boun...@lists.ucla.edu religionlaw-boun...@lists.ucla.edu To: Law Religion issues for Law

Re: Connecticut bill

2009-03-12 Thread Marc Stern
The american jewish congress also filed a statement opposing the bill. Unfortunately we were not paid for our efforts either_and we could use the money Marc stern - Original Message - From: religionlaw-boun...@lists.ucla.edu religionlaw-boun...@lists.ucla.edu To: religionlaw

RE: Connecticut bill

2009-03-11 Thread Marc Stern
In New York, a religious institution is generally permitted to register under the secular not for profit corporation law. From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Friedman, Howard M. Sent: Wednesday,

RE: NY Religious Corporations Law

2009-03-11 Thread Marc Stern
Doug is right about the origins of NY's church incorporation law. There was a formal effort to change the whole structure about 20 years ago, but it got hung up mostly, as I recall, by the problem of making the transition from old law on which there were substantial reliance interests to a

Re: An Interesting Govt School Censorship Case

2009-03-04 Thread Marc Stern
Why is equality the test? What if school officials show that believe or go to hell is disruptive but not recycle or die? There is discussion of this problem in some of the school confederate paraphernalia cases Marc - Original Message - From: religionlaw-boun...@lists.ucla.edu

RE: Cert granted in Sunrise Rock Cross case

2009-02-24 Thread Marc Stern
They are not a party to the pending case; they did join in an amicus brief. Marc Stern From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Scarberry, Mark Sent: Tuesday, February 24, 2009 3:45 PM To: Law Religion

Re: Required religious accommodation?

2008-12-23 Thread Marc Stern
I don't have the citation handy but this was litigated a few years ago in if memory serves the 8th circuit. Plaintiff lost.. The employee is claiming a right to speak for the employer as the employee wants, not the employer Marc Stern - Original Message - From: religionlaw-boun

RE: Sending Good News Club Fliers Home With Students

2008-12-03 Thread Marc Stern
interests to no avail. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Saperstein, David (RAC) Sent: Wednesday, December 03, 2008 12:03 PM To: Law Religion issues for Law Academics Subject: RE: Sending Good News Club Fliers Home

RE: Mark of the beast lawsuit by Amish

2008-11-14 Thread Marc Stern
Plainly the use of id's on cattle is a mark of the beast. I am puzzled by Professor Masinter's s reference to Twombly-i don't see the relevance of the reference. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Marty Lederman Sent

RE: Statue of Jesus and the FHA

2008-11-06 Thread Marc Stern
agents may display a Christian symbol on their ads. Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Micah Schwartzman Sent: Thursday, November 06, 2008 12:56 PM To: religionlaw@lists.ucla.edu Subject: Statue of Jesus and the FHA In response to Bloch v. Frischholz

Re: Proposed Health and Human Services regs protecting health careworkers religiously opposed to providing certain medical services

2008-09-05 Thread Marc Stern
I have them on my desk in the office and will get them to whoever asks on monday assuming ny is not under water Marc stern - Original Message - From: [EMAIL PROTECTED] [EMAIL PROTECTED] To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu Sent: Fri Sep 05 17:53:56 2008

RE: Yet one more example of discrimination against the irreligious inchild custody cases:

2008-09-03 Thread Marc Stern
regularly during the marriage, such that a grant of custody to the mother might be disorienting to the child? Marc Stern From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Volokh, Eugene Sent: Wednesday, September 03, 2008 5:00 PM To: Law Religion issues

Re: Kid misrecites the Pledge of Allegiance - can he be gradeddown for that?

2008-08-29 Thread Marc Stern
-if it were my client_who is objecting not to the whole pledge as in barnette but only the phrase under god - I would probably advise to devise a decoration that pointedly left out religious references. Marc stern - Original Message - From: [EMAIL PROTECTED] [EMAIL PROTECTED

RE: Nevada district court applies Fraternal Order of Police v.Newark(3d Cir.), holds no-beard poli

2008-08-13 Thread Marc Stern
Justices suggested in Grumet. Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: Wednesday, August 13, 2008 1:04 PM To: Law Religion issues for Law Academics Subject: Re: Nevada district court applies Fraternal Order

Colorado Christian

2008-08-04 Thread Marc Stern
The State has announced it will not be appealing the decision of the 10th Circuit invalidating its restriction on aiding students attending pervasively sectarian universities. Marc Stern -Original Message- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED

Re: Judicial enforcement of Islamic dowry-on-divorce agreements

2008-07-17 Thread Marc Stern
I am travelling and don,t have the citation but the new york court of appeals held the ketubah is enforceable. The ketubah is the jewish eqiuvalent of the islamic mahr(indeed the word mahr has a hebrew equivalent mohar_a word used in the bible in exodus 21 Marc stern - Original Message

Re: Judicial enforcement of Islamic dowry-on-divorce agreements

2008-07-17 Thread Marc Stern
agreements I am travelling and don,t have the citation but the new york court of appeals held the ketubah is enforceable. The ketubah is the jewish eqiuvalent of the islamic mahr(indeed the word mahr has a hebrew equivalent mohar_a word used in the bible in exodus 21 Marc stern - Original

RE: Justice Stevens

2008-06-23 Thread Marc Stern
Justice Stevens during oral argument was pretty clear that RLUIPA in the prison context just assured equal treatment of all faiths,not just those Ohio chose to accommodate though its chaplaincy program..Since Stevens views accommodation largely through the prism of discrimination,it is no surprise

RE: Drift of the Court on religion

2008-06-03 Thread Marc Stern
was adopted.)Thus, the question of whether the religious subsidies advance religious freedom is more complicated than Alan's post suggests-even before we get to the questioned of whether the nominal Christianity of public schools in England is itself any boon to religion. Marc Stern

Re: Cert Grant in Summum

2008-03-31 Thread Marc Stern
[EMAIL PROTECTED] - Original Message - From: [EMAIL PROTECTED] [EMAIL PROTECTED] To: religionlaw@lists.ucla.edu religionlaw@lists.ucla.edu Sent: Mon Mar 31 16:39:52 2008 Subject: Cert Grant in Summum The Supreme Court today granted cert in an unusual Ten Commandments case, Summum v.

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