Re: Civil determination of a religious question in Rowan County?

2015-09-21 Thread Michael Worley
A state actor does not have to defer to a religious belief for a benefit it bestows (granting a marriage license). The actor is, however, required under Hobby Lobby to not coerce a private, unelected, citizen to grant a benefit contrary to its religious belief. The issues are worlds apart.

Plaintiffs in Kim Davis case allege that adulterated licenses violate their constitutional rights

2015-09-21 Thread Marty Lederman
The plaintiffs apparently agree with Walter that the new Davis-prescribed adulterated license forms create a "two-tier" system of marriage licensing that violates the Constitution: http://balkin.blogspot.com/2015/09/plaintiffs-in-miller-v-davis-ask-court.html *Plaintiffs in Miller v. Davis ask

Civil determination of a religious question in Rowan County?

2015-09-21 Thread Marty Lederman
A report to the court of another of the Rowan County Deputy Clerks today includes the following: "Mrs. Plank reports that, to the best of her knowledge, all requests for marriage licenses requested by legally qualified couples have been issued. The only denial of a marriage license application

Re: Civil determination of a religious question in Rowan County?

2015-09-21 Thread Len
These reports put The Onion to shame. - Original Message - From: "Marty Lederman" To: "Law & Religion issues for Law Academics" Sent: Monday, September 21, 2015 3:19:16 PM Subject: Civil determination of a religious question