.
Howard Friedman
From: [EMAIL PROTECTED] on behalf of Saperstein, David (RAC)
Sent: Mon 7/23/2007 9:27 PM
To: Law Religion issues for Law Academics
Subject: RE: EC Compelling Interest
I would assume that the area of EC issues that is most tempting to think
with military chaplains paid for by the government for that
reason.
Ed Brayton
-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Rick Duncan
Sent: Sunday, July 22, 2007 8:32 PM
To: Law Religion issues for Law Academics
Subject: Re: EC Compelling Interest
PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Rick Duncan
Sent: Sunday, July 22, 2007 4:45 PM
To: Law Religion issues for Law Academics
Subject: RE: EC Compelling Interest
When the Ct strikes down a law under the EC, it usually declares
the law unconstitutional w/out any type of scrutiny. Why
it.
Eugene
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Rick
Duncan
Sent: Sunday, July 22, 2007 4:45 PM
To: Law Religion issues for Law Academics
Subject: RE: EC Compelling Interest
Of Newsom Michael
Sent: Monday, July 23, 2007 7:06 PM
To: Law Religion issues for Law Academics
Subject: RE: EC Compelling Interest
Isn't the whole point of the EC that the government cannot be permitted
to be a willing speaker when it comes to God-talk? And isn't this the
reason why a per se
for Law Academics
Subject: RE: EC Compelling Interest
Isn't the whole point of the EC that the government cannot be
permitted
to be a willing speaker when it comes to God-talk? And isn't
this the
reason why a per se analysis is more consistent with that purpose
than
any compelling interest
issues for Law Academics
Subject: RE: EC Compelling Interest
Isn't the whole point of the EC that the government cannot be permitted
to be a willing speaker when it comes to God-talk? And isn't this the
reason why a per se analysis is more consistent with that purpose than
any compelling
It seems to me that if a state says, we'll give grants to any social service
agency that operates a 24/7 pregnancy prevention hotline, and denomination X
says we'd like a grant, but our faith forbids us from operating anything on
the sabbath, and the state says too bad, then, that's not what
I've barely glanced at the decision, but from what I've quickly read, I don't
think it's fair to call what Colorado has done denominational discrimination,
notwithstanding what the court wrote. It's simply a prohibition on funding
religious education itself, of *any* denomination. Pervasively
PROTECTED]
To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu
Subject: Re: EC Compelling Interest
Date: Tue, 24 Jul 2007 03:43:51 +
Art:
Colorado has a college scholarship program that can be used to attend any
public or private college including non-pervasively sectarian
Rick asks an excellent question; the doctrinal answer seems to be
that some behavior -- such as coercion of religious practice -- is
categorically unconstitutional, with no strict scrutiny exception, but
the Court often talks about rights as being absolute and then turns
around and sets up
How about hiring chaplains for the armed forces?
In a message dated 7/22/07 5:34:54 PM, [EMAIL PROTECTED] writes:
The tough question is to come up with a concrete example of where some
compelling interest would indeed be in play. Rick, what examples did you
have in mind?
Well, could you argue that supporting a quality education for all students is a
compelling interest that justifies direct funding of all schools, including
religious schools?
Or, as in a recent federal district ct case in Colorado, does compliance with
a state constitution barring funding
When the Ct strikes down a law under the EC, it usually declares the law
unconstitutional w/out any type of scrutiny. Why doesn't the Ct at least go
through the motions of applying the compelling interest test? Is the EC an
absolute, categorical rule prohibiting laws that establish religion?
Wouldn't this line of analysis lead to the conclusion that the government may
establish a religion so long as it can show that most constituents want an
established religion?
I don't think that community desires alone can ever be a compelling interest.
Rick Duncan [EMAIL PROTECTED]
Art's example is a good one, but I have usually thought of military chaplins as
involving a special situation pursuant to which the EC is not violated (as
opposed to a situation in which the EC is violated, but justified by a
compelling interest in protecting the spiritual needs of military
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