t...@law.gwu.edu
Subject: Re: Making sense of Hosanna-Tabor (and the absurd nursing-worshipper
hypo)
Marty's excellent and probing questions deserve a reply, and at length. Bob
Tuttle is not on this list, but he and Marty live within 15 minutes of each
other and me, and the three of us will have t
Hosanna-Tabor is an easy case once you decide that the person is within the
category of minister and the unanimity is not surprising on those facts.
Contrary to the assertions of some, liberals do not respond in knee-jerk
pavlovian fashion in favor of government regulation of any and all sorts
Marty's excellent and probing questions deserve a reply, and at length.
Bob Tuttle is not on this list, but he and Marty live within 15 minutes of
each other and me, and the three of us will have that conversation sometime
soon, face to face. I will add only that Bob and I discuss Chris Lund's
I agree entirely with Chip that the Court in H-T eschewed
Sherbert/Yoder-type balancing. The important questions going forward,
however, are (i) *why *it did so -- i.e., what the justification is for the
church's absolute immunity w/r/t "ministers" and antidiscrimination laws;
and (ii) whether
