RE: Law.com - 3rd Circuit Rejects Muslim Cop's Bid to Wear Religious Scarf
is it because the perception of religious bias by a police officer would impact how the population feels; imagine she busts a non-religious Moslem woman without headgear? Does this lead to a perception of unfairness; or she busts an Orthodox Jew in his headgear? Seems to me any religious symbols on police officers undermines their authority and community relations. Paul Finkelman President William McKinley Distinguished Professor of Law Albany Law School 80 New Scotland Avenue Albany, NY 12208 518-445-3386 (p) 518-445-3363 (f) pf...@albanylaw.edu www.paulfinkelman.com --- On Wed, 4/8/09, David Cruz dc...@law.usc.edu wrote: From: David Cruz dc...@law.usc.edu Subject: RE: Law.com - 3rd Circuit Rejects Muslim Cop's Bid to Wear Religious Scarf To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu, paul.finkel...@yahoo.com Date: Wednesday, April 8, 2009, 11:24 AM I don't understand why counsel would not have argued starting with the complaint that a rule against wearing *religious* symbols or attire was not a neutral law of general applicability and thus should receive strict scrutiny under the federal Free Exercise Clause. David B. Cruz Professor of Law University of Southern California Gould School of Law 699 Exposition Blvd. Los Angeles, CA 90089-0071 U.S.A. -Original Message- From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Joel Sogol Sent: Wednesday, April 08, 2009 2:05 AM To: Religionlaw Subject: Law.com - 3rd Circuit Rejects Muslim Cop's Bid to Wear Religious Scarf A Muslim woman who works as a Philadelphia police officer has lost her court battle to wear a religious head scarf on the job now that the 3rd U.S. Circuit Court of Appeals has ruled that forcing the department to accommodate her would compromise the city's interest in maintaining religious neutrality in its police force. http://www.law.com/jsp/article.jsp?id=1202429736190 ___ 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. ___ 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.
Re: Law.com - 3rd Circuit Rejects Muslim Cop's Bid to Wear Religious Scarf
Dear Friends, If anyone is interested in reviewing Directive 78 (the police department's uniform policy), I have a copy of it on my hard drive. Please feel free to contact me directly and I will send you the file. Also, here is a link to the Third Circuit's decision: http://www.ca3.uscourts.gov/opinarch/073081p.pdf Best, Dave -- Dawinder “Dave” S. Sidhu http://www.ssrn.com/Auth?_id=688955 On Wed, Apr 8, 2009 at 11:59 AM, Paul Finkelman paul.finkel...@yahoo.com wrote: is it because the perception of religious bias by a police officer would impact how the population feels; imagine she busts a non-religious Moslem woman without headgear? Does this lead to a perception of unfairness; or she busts an Orthodox Jew in his headgear? Seems to me any religious symbols on police officers undermines their authority and community relations. Paul Finkelman President William McKinley Distinguished Professor of Law Albany Law School 80 New Scotland Avenue Albany, NY 12208 518-445-3386 (p) 518-445-3363 (f) pf...@albanylaw.edu www.paulfinkelman.com --- On Wed, 4/8/09, David Cruz dc...@law.usc.edu wrote: From: David Cruz dc...@law.usc.edu Subject: RE: Law.com - 3rd Circuit Rejects Muslim Cop's Bid to Wear Religious Scarf To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu, paul.finkel...@yahoo.com Date: Wednesday, April 8, 2009, 11:24 AM I don't understand why counsel would not have argued starting with the complaint that a rule against wearing *religious* symbols or attire was not a neutral law of general applicability and thus should receive strict scrutiny under the federal Free Exercise Clause. David B. Cruz Professor of Law University of Southern California Gould School of Law 699 Exposition Blvd. Los Angeles, CA 90089-0071 U.S.A. -Original Message- From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Joel Sogol Sent: Wednesday, April 08, 2009 2:05 AM To: Religionlaw Subject: Law.com - 3rd Circuit Rejects Muslim Cop's Bid to Wear Religious Scarf A Muslim woman who works as a Philadelphia police officer has lost her court battle to wear a religious head scarf on the job now that the 3rd U.S. Circuit Court of Appeals has ruled that forcing the department to accommodate her would compromise the city's interest in maintaining religious neutrality in its police force. http://www.law.com/jsp/article.jsp?id=1202429736190 ___ 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. ___ 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. ___ 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.
RE: Law.com - 3rd Circuit Rejects Muslim Cop's Bid to Wear Religious Scarf
Say that Directive #78 had a ban on specifically religious attire. (That sort of classification does happen. Pennsylvania, like some other states, has a statute that forbids public school teachers from wearing religious garb * a statute that both the district and appellate court mention in Webb for support.) As per what Professor Cruz said earlier, is there widespread agreement that this rule would be invalid under the Smith/Lukumi Free Exercise Clause? I certainly think so. But I have a hard time reconciling this with Cooper v. Eugene Sch. Dist., 480 U.S. 942 (1987), where the Supreme Court dismissed a challenge to an Oregon statute that forbade public school teachers from wearing religious dress. Does anyone know what to make of Cooper in this post-Smith day and age? Best, Chris __ Christopher C. Lund Assistant Professor of Law Mississippi College School of Law 151 E. Griffith St. Jackson, MS 39201 (601) 925-7141 (office) (601) 925-7113 (fax) Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=363402 dc...@law.usc.edu 4/8/2009 10:24 AM I don't understand why counsel would not have argued starting with the complaint that a rule against wearing *religious* symbols or attire was not a neutral law of general applicability and thus should receive strict scrutiny under the federal Free Exercise Clause. David B. Cruz Professor of Law University of Southern California Gould School of Law 699 Exposition Blvd. Los Angeles, CA 90089-0071 U.S.A. -Original Message- From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Joel Sogol Sent: Wednesday, April 08, 2009 2:05 AM To: Religionlaw Subject: Law.com - 3rd Circuit Rejects Muslim Cop's Bid to Wear Religious Scarf A Muslim woman who works as a Philadelphia police officer has lost her court battle to wear a religious head scarf on the job now that the 3rd U.S. Circuit Court of Appeals has ruled that forcing the department to accommodate her would compromise the city's interest in maintaining religious neutrality in its police force. http://www.law.com/jsp/article.jsp?id=1202429736190 ___ 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. ___ 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.
