Re: FYI An Interesting Case

2004-04-08 Thread JMHACLJ
In a message dated 4/8/2004 8:13:40 PM Eastern Daylight Time, [EMAIL PROTECTED] writes: To be clear, my understanding of the term homophobe is one who hates homosexuals.  I don't think this gentleman qualifies. And herein lies the rub for those who think that the language should mean something: 

Re: FYI An Interesting Case

2004-04-08 Thread Amar D. Sarwal
Again, he did not say that gay people were of less value.  Instead, as I gather, he was not willing to express any support for their homosexual orientation/conduct/choice.  Christians are commanded to love all, no matter how they have sinned.   Are you saying that one must find worth in the g

Re: FYI An Interesting Case

2004-04-08 Thread Alan Leigh Armstrong
There is a big difference between the value of a person and the values of a person. Alan Law Office of Alan Leigh Armstrong Serving the Family & Small Business Since 1984 18652 Florida St., Suite 225 Huntington Beach CA 92648-6006 714-375-1147 Fax 714 375 1149 [EMAIL PROTECTED] [EMAIL PROTECTE

Judge Overton's Opinion in McLean v. Arkansas

2004-04-08 Thread Francis Beckwith
I believe that Ed Darrell (I apologize if I misspelled your name) said in a recent message that Judge Overton's opinion in McLean v. Arkansas was well-crafted. For those who interested, I recently published a piece that offered a critical assessment of this opinion: "Science and Religion Twenty Y

RE: Comments From Brian Leiter

2004-04-08 Thread Newsom Michael
Fair enough. I appreciate the clarification. By the way, I agree with you that Van Dyke appears to be in over his head. -Original Message- From: Michael MASINTER [mailto:[EMAIL PROTECTED] Sent: Wednesday, April 07, 2004 4:00 PM To: Law & Religion issues for Law Academics Subject: RE: Co

RE: Cert. Petition in RLUIPA Case

2004-04-08 Thread Menard, Richard H.
The district court's reasoning, which Virginia wisely disavowed, would preclude a lot more than dietary allowances in state institutions.  As noted in the appellant's briefs in Madison, and as Judge Wilkinson observed, "It would throw into question a wide variety of religious accommodation

RE: FYI An Interesting Case

2004-04-08 Thread Newsom Michael
No, I didn't miss the point. The employee's religious beliefs prevent him from affirming the value of gay people. I call that homophobia. -Original Message- From: Amar D. Sarwal [mailto:[EMAIL PROTECTED] Sent: Wednesday, April 07, 2004 3:48 PM To: Law & Religion issues for Law Academics

Re: Cert. Petition in RLUIPA Case

2004-04-08 Thread Marty Lederman
Well, the circuit split issue isn't quite as clear as I had suggested.  In its petition, Virginia expressly rejects the EC theory on which it had won in the district court, and that the Sixth Circuit invoked in Cutter (namely, that a government can accommodate religious exercise only if it p

Re: FYI An Interesting Case

2004-04-08 Thread Michael MASINTER
Title VII already obliges an employer to protect employees from religious discrimination, and more particularly religiously motivated harassment to the same extent that it must protect employees from sexual harassment -- if the harassment is by a supervisor and causes a tangible employment effect,

Re: FYI An Interesting Case

2004-04-08 Thread Alan Leigh Armstrong
I think it's pretty clear that AT&T is free to implement a "progressive" antidiscrimination policy that encompasses the protection of its gay and lesbian employees over the objections of its religious employees, and that it need not accommodate them by exempting them from that policy. See Peterso

Re: FYI An Interesting Case

2004-04-08 Thread Amar D. Sarwal
Thanks. As I suspected, we define discrimination differently. I believe that discrimination occurs when someone employs an illicit characteristic to modify his or her behavior in any way, including being uncooperative. - Original Message - From: "A.E. Brownstein" <[EMAIL PROTECTED]> To

Re: FYI An Interesting Case

2004-04-08 Thread A.E. Brownstein
"What is between "valuing other people's lifestyles" and not "discriminat[ing] against them" because they are gay?" Putting aside one's feelings about a person's sexual orientation or specific religious beliefs and cooperating fully with the individual to achieve collective goals. I do that all

Re: FYI An Interesting Case

2004-04-08 Thread Michael MASINTER
I think it's pretty clear that AT&T is free to implement a "progressive" antidiscrimination policy that encompasses the protection of its gay and lesbian employees over the objections of its religious employees, and that it need not accommodate them by exempting them from that policy. See P

Re: Cert. Petition in RLUIPA Case

2004-04-08 Thread Marty Lederman
Here's a link to Virginia's Petition in Bass v. Madison:  http://www.goldsteinhowe.com/blog/files/bassvmadison.pet.pdf   The petition surprisingly focuses as much or more on Commerce and Spending as it does on the Establishment Clause.  I think it's highly unlikely that the Court would grant

RE: Cert. Petition in RLUIPA Case

2004-04-08 Thread David Cruz
On Thu, 8 Apr 2004, Petron, David wrote: > Marty's mention of the Madison case (in which my colleagues in the Religious > Institutions Practice Group here at Sidley represent the respondent) prompts > me to bring another recent cert. petition to the list's attention. Along > with John Mauck and

RE: Cert. Petition in RLUIPA Case

2004-04-08 Thread Petron, David
Marty's mention of the Madison case (in which my colleagues in the Religious Institutions Practice Group here at Sidley represent the respondent) prompts me to bring another recent cert. petition to the list's attention.  Along with John Mauck and Richard Bell of Mauck & Baker in Chicago, we

Re: FYI An Interesting Case

2004-04-08 Thread DavidEBernstein
I'm ambivalent about this case.  On the one hand, I think that AT&T should be able to enforce a "progressive" antidiscrimination policy if it so desires, without special accommodations for religious employees. The same conservatives who are against requiring or even allowing private companies to

Re: FYI An Interesting Case

2004-04-08 Thread Amar D. Sarwal
Please describe that continuum. What is between "valuing other people's lifestyles" and not "discriminat[ing] against them" because they are gay? - Original Message - From: "A.E. Brownstein" <[EMAIL PROTECTED]> To: "Law & Religion issues for Law Academics" <[EMAIL PROTECTED]> Sent: Thurs

Re: FYI An Interesting Case

2004-04-08 Thread A.E. Brownstein
Yes. That's why the decision challenging ATT's pledge was correct -- but that does not mean that companies are limited to prohibiting harassment and discrimination. There is some distance on the continuum of workplace rules between valuing other people's lifestyles and agreeing not to discrimina

Cert. Petition in RLUIPA Case

2004-04-08 Thread Marty Lederman
It appears that Virginia has petitioned from the CTA4 decision in Madison v. Riter.  http://www.roanoke.com/roatimes/news/story165342.html.   Does anyone have the cert. petition?  If so, please post it (or a link).    Presumably the petition is predicated on the circuit split caused by Cutte

Re: Comments From Brian Leiter

2004-04-08 Thread EDarr1776
In a message dated 4/7/2004 1:02:59 PM Central Standard Time, [EMAIL PROTECTED] writes: Can one make the argument that teaching it is constitutional without damning methodological naturalism as a priori?  That is, if MN indeed is what was found rather than what is assumed, can one claim that t