Dear List Members,
After a decade or so, I am now doing a new edition (the 3rd) of The State and
Religion in a Nutshell for West. I would welcome comments from any list members
who have read the book or have received useful student comments on it, and have
been itching to tell me where I'm
I'm not about to suggest that Eugene's equal access arguments don't make sense.
But I don't think his examples provide persuasive support for an equal access
rule either.
Example 1 is a designated public forum. As such, it is subject to equal access
rules. But it is certainly not clear to
Shouldn't we admit that "play in the joints" is simply a euphemism for judicial
balancing between the competing notions of no establishment, on the one hand,
and free exercise+equality on the other. Neither makes sense as maximalist
theory. The former would prohibit police protection, the
Doesnt it depend on how much resurfacing was needed. But is that the issue.
If the giv money is supporting and enhancing sectarian worship, does it matter
how much. As Madison noted in his remonstrance, it isd objectionable to take
one penny of a citizens money to support any church or
And recruitment of new members.
Sent from my T-Mobile 4G LTE device
-- Original message--
From: Alan E Brownstein
Date: Sun, Jan 17, 2016 2:38 PM
To: Law & Religion issues for Law Academics;
Cc:
Subject:Re: Excluding religious institutions from public safety benefits
It might
Indeed they are; but does it follow that the government should be
required to, or even allowed to, refuse to offer health and safety grants on an
evenhanded basis to such preschools? Again, asbestos remediation, earthquake
retrofitting, mosquito abatement, and protection against
Got it, thanks. How much more effective are those religious activities
(as opposed to secular play activities) on a resurfaced playground as opposed
to a non-resurfaced playground?
Eugene
> -Original Message-
> From: religionlaw-boun...@lists.ucla.edu
As someone (I think) who still believes in originalism, you should try to
channel Madison for a full answer.
The real issue is when you transfer money to churches you (I use this as a
shorthand for Temples, Mosques, Synagogues, Ashrams, Kingdom Halls, etc).the
gov. is directly endorsing
For the record, my reform temple regularly held religious activities in the
playground. A playground is a very good place for making religious points for
6 and 7 year olds.
From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu]
on behalf
It might also be relevant to note that at least for many congregations,
pre-schools -- which typically have playgrounds -- are very important sources
of revenue for the house of worship at which they are based.
Alan
Sent from my iPhone
> On Jan 17, 2016, at 11:16 AM, "Graber, Mark"
I share Sandy's skepticism about the "play in the joints"
locution, but I wonder why equal treatment doesn't make sense as a maximalist
theory?
Consider Sandy's auditoria hypothetical. It's hard to infer
much based on it, I think, because it's hard to imagine
To clarify, Eugene: Would this "maximalist equal treatment" theory prohibit
legislative exemptions available to religion but not non-religion, or just
legislative burdens placed on religion but not non-religion? If only the
latter, is it really a maximalist equal treatment theory? If both the
So if there is a gang violence problem at schools, and the
government gives grants to schools with the most serious problems to hire a
security guard, the government may - indeed, it sounds like "must" - refuse to
do the same for religious schools?
What about
The petition for cert says the grant could only be used to pay for scrap rubber
and delivery costs-- not even for site prep or any kind of labor. There is no
need to audit the church's finances but only to trace these particular funds.
It would be easy to structure this as a draft payable to
I agree that play in the joints is a way to describe how to handle the problem
of those situations where general principles of non-establsihment run into
general principles of free exerice. However, I do not think that maximalist
equality or free exercise+equality captures the range of free
I am not sure what part of my posting bothered Mr. Gillen (Prof? He does not
tell us who he is) so much, whether it was my attempt a little humor (to
channel Madison) or my rather long and hardly facile attempt to distinguish
between tax exemptions for churches and tax money going to churches.
An equal treatment theory also does not fit the "ministerial exception"
constitutionally mandated in Hosanna-Tabor Lutheran Church v. EEOC. I wonder
if Eugene, and others who question the Trinity Lutheran Church outcome, think
that unanimous decision is incorrect.
Sent from my iPhone
> On
It seems to me that the play-in-the-joints theory and providing accommodations
between exercise and establishment shoiuld win out in this instance thereby
upholding the Missouri Constitutional ban on direct and indirect financial
support for religious organizations.
A ruling that pushes the
without getting too far into the details here; there are many times when
religions hold outdoor services, most obviously and Easter Sunrise Service. A
playground might be just the place for that, or for an "old time religion" tent
revival.
**
Paul FinkelmanArielF. Sallows
I suppose it’s possible, but it doesn’t seem that likely. From
what I’ve seen, the springy recycled-tire surface tends to be used by swing
sets, monkey bars, slides, and the like – not the optimal place for an “’old
time religion’ tent revival” or even an Easter Sunrise Service.
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