P.S. I'd wager that most of the "left" also supports *O Centro*--indeed, many might even argue for a *constitutionally* compelled exemption for congregational ceremonial rituals of that kind.
This is all speculative, of course. On Wed, Apr 26, 2017 at 7:27 PM, Marty Lederman < martin.leder...@law.georgetown.edu> wrote: > I think there has been very, very little change on the "left" in terms of > views on the funding and regulation *of houses of worship *(except that, > perhaps, there's no longer any understanding of/sympathy for the "no > funding" rule). Far as I know, there aren't a lot of folks on the "left" > who oppose *Amos*, or even *Hosanna-Tabor *as applied to actual > ministers. > > On Wed, Apr 26, 2017 at 7:22 PM, Ira Lupu <icl...@law.gwu.edu> wrote: > >> So is it correct to conclude that the struggle over LGBT rights explains >> 100% of any change in public attitudes -- left and right-- about funding >> and regulation of houses of worship? If not, what else explains the change? >> The end of the fight between Protestants and Catholics about public funding >> of religious schools? >> On Wed, Apr 26, 2017 at 6:24 PM Laycock, H Douglas (hdl5c) < >> hd...@virginia.edu> wrote: >> >>> I think people are aware that funding may bring more regulation. Judges >>> tend to defer to government conditions attached to money, even though some >>> of those conditions raise serious questions of unconstitutional conditions. >>> >>> >>> >>> The fear has lost much of its force in part because of *Smith* and the >>> underenforcement or nonenforcement of state RFRAs. If these institutions >>> are going to be regulated anyway, they have less to lose by taking the >>> money. And if you look at the history of evangelical schools, where many of >>> these claims are coming from, first they fought out the regulatory issues, >>> in mostly unsuccessful litigation and in state legislatures and before >>> state boards of education. Only after most of those issues were resolved >>> one way or the other did they begin to push for equal access to government >>> money. >>> >>> >>> >>> I’m less certain about this second point, but I think that many of them >>> feel that the risk of extra conditions attached to money is smaller than >>> the risk of fighting a culture war where the other side is government >>> funded. >>> >>> >>> >>> >>> >>> >>> >>> Douglas Laycock >>> >>> Robert E. Scott Distinguished Professor of Law >>> >>> University of Virginia Law School >>> >>> 580 Massie Road >>> >>> Charlottesville, VA 22903 >>> >>> 434-243-8546 <(434)%20243-8546> >>> >>> >>> >>> *From:* religionlaw-boun...@lists.ucla.edu [mailto: >>> religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Eric J Segall >>> >>> >>> *Sent:* Wednesday, April 26, 2017 5:17 PM >>> *To:* Law & Religion issues for Law Academics < >>> religionlaw@lists.ucla.edu> >>> *Subject:* Re: Trinity Lutheran and the ERISA cases - Do Churches Want >>> Special Treatment or Not? >>> >>> >>> >>> When I worked for DOJ in the late 80's and litigated a major Chapter >>> (now I think Title) 2 funding case in San Francisco, the main plaintiff's >>> lawyer was a devout 7th Day Adventist who strongly feared government grants >>> to religious schools would ultimately dissipate religious freedom. Many >>> religious folks at the time held this view. I agree with Marty and Chris >>> that this view seems to have largely disappeared. >>> >>> >>> >>> Best, >>> >>> >>> >>> Eric >>> >>> Sent from my iPhone >>> >>> >>> >>> _______________________________________________ >>> To post, send message to Religionlaw@lists.ucla.edu >>> To subscribe, unsubscribe, change options, or get password, see >>> http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw >>> >>> Please note that messages sent to this large list cannot be viewed as >>> private. Anyone can subscribe to the list and read messages that are >>> posted; people can read the Web archives; and list members can (rightly or >>> wrongly) forward the messages to others. >> >> -- >> Sent from Gmail Mobile >> F. Elwood & Eleanor Davis Professor of Law >> George Washington University >> >> _______________________________________________ >> To post, send message to Religionlaw@lists.ucla.edu >> To subscribe, unsubscribe, change options, or get password, see >> http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw >> >> Please note that messages sent to this large list cannot be viewed as >> private. Anyone can subscribe to the list and read messages that are >> posted; people can read the Web archives; and list members can (rightly or >> wrongly) forward the messages to others. >> > > > > -- > Marty Lederman > Georgetown University Law Center > 600 New Jersey Avenue, NW > Washington, DC 20001 > 202-662-9937 <(202)%20662-9937> > > -- Marty Lederman Georgetown University Law Center 600 New Jersey Avenue, NW Washington, DC 20001 202-662-9937
_______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
