RE: Trinity Lutheran Church - will churches have to extend "equal protection" to all when it comes to use?

um standard of living, I mean, if you really want to, you can argue that it economically functions to allow employers to underpay their employees. But in that regard, the EITC doesn’t function any differently than Medicaid and TANF and Section 8 vouchers and any other welfare program. On Sun,

RE: thoughts on constitutionality of single-sex hours for public pool?

I’m not at all sure that this form of sex classification is constitutional. But, as is often the case with analogies between single-sex and single-race, I don’t think the simple sex/race analogy is helpful here. I take it that few of us would think that single-sex

RE: thoughts on constitutionality of single-sex hours for public pool?

_______ From: "Volokh, Eugene" mailto:vol...@law.ucla.edu>> To: Law & Religion issues for Law Academics mailto:religionlaw@lists.ucla.edu>> Sent: Thursday, June 2, 2016 7:45 PM Subject: RE: thoughts on constitutionality of single-sex hours for public pool?

RE: thoughts on constitutionality of single-sex hours for public pool?

discrimination. If there is no burden on religious freedom, then there is no justification for an accommodation. On Thursday, June 2, 2016, Volokh, Eugene mailto:vol...@law.ucla.edu>> wrote: I think Prof. Finkelman and I might be talking past each other here, but I&

RE: thoughts on constitutionality of single-sex hours for public pool?

d on conventional conditions of no sex discrimination. If there is no burden on religious freedom, then there is no justification for an accommodation. On Thursday, June 2, 2016, Volokh, Eugene > wrote: I think Prof. Finkelman and I might be talking past each other her

"Religious diversity" as a compelling interest for discrimination in universities?

So that universities could give admission preferences to, say, evangelical Christians, if they conclude that they are underrepresented among students or on the faculty? To the more devout of all faiths, if it thinks they are underrepresented? I think race-based admissions prefer

RE: "Religious diversity" as a compelling interest for discrimination in universities?

n't impose that belief, to be sure, but isn't it to be admired for it? On Thu, Jun 2, 2016 at 9:08 PM, Volokh, Eugene mailto:vol...@law.ucla.edu>> wrote: So that universities could give admission preferences to, say, evangelical Christians, if they conclude that th

The Establishment Clause and facially religion-neutral religious accommodations

I’m not sure that a single-sex-hours-at-pools policy is constitutional under the Equal Protection Clause, or would be constitutional even if it offered men-only swim hours as well as women-only. But the Establishment Clause argument is more complicated, I think. E

Same-sex programs and privacy concerns

Or on the ground that it has a significant interest in providing access to public benefits for all taxpayers? Or does exclusion based on religion, rather than gender, fail because it triggers strict (and not intermediate) scrutiny? Promoting water safety/taxpayer access is significant bu

Jewish law, women's bodies, and accommodations

Hillel Levin writes: My primary opposition to the gender-segregated swim hours is not simply the formal segregation of the sexes and the practical burdens this may pose on people. Rather, it is that the Jewish laws relating to sexual modesty have embedded within them, and reinforce, certain a

RE: Jewish law, women's bodies, and accommodations

ted matters. Indeed, permitting a court to decide the why behind religious law is a greater intrusion into the religious sphere than permitting a court to decide the what. That analysis applies no differently when discussing religious laws governing modesty, regardless of the popularity of those l

Facially neutral accommodations motivated by some objectors' religious beliefs

sphere than permitting a court to decide the what. That analysis applies no differently when discussing religious laws governing modesty, regardless of the popularity of those laws in civil society. Meir Katz Message: 1 Date: Sat, 4 Jun 2016 00:50:23 + From: "Volok

RE: Facially neutral accommodations motivated by some objectors' religious beliefs

cide whether to provide [co-religionist or single-race] swimming hours? (Again, I set aside the question whether this violates the Equal Protection Clause, quite apart from the religious questions.) Still no Establishment Clause problem? On Jun 6, 2016, at 6:48 PM, Volokh, Eugene mailto:vol.

RE: Facially neutral accommodations motivated by some objectors' religious beliefs

; [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene Sent: Monday, June 06, 2016 3:47 PM To: Law & Religion issues for Law Academics Subject: Facially neutral accommodations motivated by some objectors' religious beliefs 1. Say that a state decides not

RE: Facially neutral accommodations motivated by some objectors' religious beliefs

ter by imposing third party harms, here harms of constitutional significance (incorporating equal protection concerns), on nonbeneficiaries, in contravention of Caldor and Cutter. Why is it that the harms at issue in Caldor and Cutter can't sound, at least in part, in other provisions of the Co

Accommodations and "non-religious reasons"

I'm intrigued by the question about sufficient non-religious reasons. If the question is really whether the government has some reasons for an accommodation that don't just stem from the governors' own religious beliefs, I would think they'd almost always be present. Here, for i

Accommodations and "sectarian discrimination"

I appreciate Chip’s concerns, but I wonder how far they can go. A cafeteria at a government-run institution decides to offer kosher options, because there happen to be quite a few observant Jewish patrons or employees who eat there. The decision is a local one, made by the local

RE: The Bedford pool exemption--a collection of reactions

I agree entirely with Marty’s astute analysis in items 1 and 2, and with Marty’s conclusion that women-only swimming hours without corresponding men-only hours are unconstitutional; more shortly on the “gerrymander” question. I should say, though, that I’m not sure whether the Eq

RE: Jewish law, women's bodies, and accommodations

de the why behind religious law is a greater intrusion into the religious sphere than permitting a court to decide the what. That analysis applies no differently when discussing religious laws governing modesty, regardless of the popularity of those laws in civil society. Meir Katz Messag

FW: AALS program on Law & Religion

From: Timothy Daniel Lytton [mailto:tlyt...@gsu.edu] Sent: Friday, June 10, 2016 10:57 AM To: Volokh, Eugene Subject: AALS program on Law & Religion I am writing with information about an AALS Session that will be co-sponsored by the Jewish Law and Islamic Law sections at the upcoming an

What fraction of EEOC religious accommodation claims are brought on behalf of Muslims?

My apologies for the self-promotion, but I thought some on the list might be interested in some data I've gotten from the EEOC on this, which I report in https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/06/21/the-eeoc-religious-accommodation-claims-and-muslims/; here's an extract.

Christian convert's claim that church broke confidentiality promise and thus exposed him to attack for apostasy in Syria

Howard Friedman summarizes the decision in the case, but I’m not sure it’s right. Among other things, the Complaint asserts that church officials expressly promised that plaintiff’s “baptism and conversion would remain private,” and breached that promise. Why wouldn’t that be a

RE: Christian convert's claim that church broke confidentiality promise and thus exposed him to attack for apostasy in Syria

irculated? From: religionlaw-boun...@lists.ucla.edu<mailto:religionlaw-boun...@lists.ucla.edu> [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene Sent: Sunday, June 26, 2016 9:14 PM To: Law & Religion issues for Law Academics Subject: Christian convert's

RE: Cert. Petition Filed in Pharmacy Free Exercise Case

I agree with Marty that this seems pretty dispositive. My one question (a real one, not a Socratic one) is this: What does the citation to Seeger in Frazee mean? I assume it’s referring to this passage from Seeger: We have concluded that Congress, in using the expression "Supre

Inferring from candidate's religious talk in interview that the candidate would inappropriately talk about religion to clients

I thought I'd ask list members what they thought of the opinion in Buxton v. Kurtinitis, 2016 WL 3582004 (D. Md. June 28, 2016) (excerpted below). I should note up front that it looks like there were many good reasons why the plaintiff might have been rejected from the community

Successful RFRA defense in EEOC case against funeral home that fired a male-to-female transgender employee for insisting on wearing a skirt suit to work

In today's EEOC v. R.G. & G.R. Harris Funeral Homes, http://www.politico.com/f/?id=0156-9f0a-d073-a5d7-df9ef3920001, a federal district court rejected a EEOC claim on RFRA grounds. I'm a bit puzzled, though, by the court's reasoning, and I wanted to ask what fellow list members thought. 1

RE: Successful RFRA defense in EEOC case against funeral home that fired a male-to-female transgender employee for insisting on wearing a skirt suit to work

roffered in the contraception cases: Now, an employer argues with a straight face that his religion would prohibit him from retaining an employee who wears a skirt, if that employee was born with male reproductive organs, even if compelled to do so by law. What the contraception litigation

"California Court Issues TRO Against Kaporos Practices"

>From >http://religionclause.blogspot.com/2016/10/california-court-issues-tro-against.html: As previously reported, in late September an animal rights group filed suit against Chabad of Irvine in a California federal district court challenging Chabad's promotion of the pre-Yom Kippur ceremony o

RE: "California Court Issues TRO Against Kaporos Practices"

ion vacated tomorrow, and failing that, just ignore it and defend any ensuing criminal contempt (or implausible remedial civil contempt proceeding) by contesting the validity of the injunction? Mike Masinter masin...@nova.edu<mailto:masin...@nova.edu> Sent from my iPhone On Oct 9, 2016

Re: "California Court Issues TRO Against Kaporos Practices"

Those interested in the California Kaporos case might want to check out Prof. Josh Blackman’s amicus brief, https://www.scribd.com/document/327148724/Brief-Amicus-Curiae-of-Professor-Joshua-Blackman-in-United-Poultry-Concerns-v-Chabad-of-Irvine, which argues that there’s no federa

Religious accommodation schemes and discriminatory practices

I thought I’d pass along another post from Howard Friedman -- any thoughts on how religious accommodation schemes (whether RFRA-like or Title-VII-like) should deal with religiously motivated refusals to shake hands with members of the opposite sex? Should there be a categorical r

RE: Religious accommodation schemes and discriminatory practices

tion. "morale costs"? seriously? On Tue, Oct 11, 2016 at 8:36 AM, Volokh, Eugene mailto:vol...@law.ucla.edu>> wrote: I thought I’d pass along another post from Howard Friedman -- any thoughts on how religious accommodation schemes (whether RFRA-like or Title-VII-like

RE: Noteworthy, puzzling scholars' brief in Arlene Flowers

How exactly would courts draw the line between what is really at bottom of various religious practices? Say someone says, "Jews' objection to Jews marrying non-Jews stems from their viewing themselves as God's Chosen People, and other people as not God's Chosen People." Someone

Hostility vs. feeling that certain people shouldn't marry each other

w and much free speech law. I'm of course willing to cede much more to the political process than most folks but I'm an outlier. The issue here is not whose theology is "accurate" or "correct" but rather hostility to a group based on pernicious discrimination is at

RE: Noteworthy, puzzling scholars' brief in Arlene Flowers

A question about Chip’s “no solicitude” position to the compelled speech claim for Fred the photographer or DJ: Chip, would you say the same as to a singer? A portrait painter? A calligrapher? Antidiscrimination laws ban religious discrimination as well as sexua

RE: Noteworthy, puzzling scholars' brief in Arlene Flowers

e florist is trying to create something beautiful and perhaps something that will convey a message of love or concern to whoever might get the flowers. I still hold that position. Mark Mark S. Scarberry Professor of Law Pepperdine University School of Law On Wed, Oct 12, 2016 at 11:58 AM -0700

Offer amicus help in speech or religion cases?

Dear colleagues: I'm teaching my First Amendment Amicus Brief Clinic again this Spring, and I thought I'd pass along our letter seeking cases, in case any of you are litigating cases in which we can help, or would like to circulate the letter to some friends of colleagues who might want such he

RE: Re-upping: Sterling: A helpful test case on RFRA burdens

Well, given that Gorsuch voted in favor of both Abdulhaseeb and the likewise presumably very poor Native American prisoner, Yellowbear v. Lampert, that is especially strong reason not to succumb to the temptation. Indeed, whatever might be required merely for Article III standing

RE: State-sanctioned church "police force"

The statute seems unconstitutional to me, likely based on Kiryas Joel. But the answer to the “why?” -- not that such a purpose would necessarily make it constitutional -- might well be for the same reason that many public school districts have their own police forces, though of c

RE: Trinity Lutheran and the ERISA cases - Do Churches Want Special Treatment or Not?

Are we indeed sure that the “Madisonian understanding of church-state separation” indeed prohibits funding in the context of generally available funding programs? The Memorial and Remonstrance, after all, was written in response to a program that was specifically targeted toward

RE: Church excludes nursing woman

1. Does the principle underlying Hosanna-Tabor extend to churches excluding members (or visitors) based on race, sex, religion, etc.? I assume it would, which is why, for instance, Orthodox synagogues could have separate seating for men and women, Nation of Islam events could b

RE: Church excludes nursing woman

Frost On Apr 27, 2017, at 12:54 PM, Volokh, Eugene mailto:vol...@law.ucla.edu>> wrote: 1. Does the principle underlying Hosanna-Tabor extend to churches excluding members (or visitors) based on race, sex, religion, etc.? I assume it would, which is why, for instance,

RE: Francis Collins and Acceptable Criticisms

hange demonstrates reasoned thought, applied to both religious and non- > religious issues, though I can't claim to have read enough of what Collins has > written to assess whether he typically uses reason to examine his faith. But > I > think the onus is on others to show

RE: EEOC says Catholic College Discriminated by Removing Contraceptive Coverage from Health Insurance

I'm pretty sure that Steve's argument has no such implications at all. Eugene From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Paul Finkelman Sent: Saturday, August 15, 2009 10:57 AM To: Law & Religion issu

FW: EEOC says Catholic College Discriminated by Removing Contraceptive Coverage from Health Insurance

2208 518-445-3386 (p) 518-445-3363 (f) pf...@albanylaw.edu www.paulfinkelman.com --- On Sat, 8/15/09, Volokh, Eugene wrote: From: Volokh, Eugene Subject: RE: EEOC says Catholic College Discriminated by Removing Contraceptive Coverage from Health Insurance To: "'Law & Religion i

Evaluating candidates based on their religious views

Here's a story that gives a concrete example related to our earlier discussion. This one involves a candidate for election, and I assume that there's no constitutional prohibition (judicially enforceable or not) on voters considering anything they please about this candidate. Bu

An odd sort of religion BFOQ?

http://www.ajc.com/news/gwinnett/judge-says-hindu-temple-140903.html "A federal bankruptcy judge on Thursday ruled that the Hindu Temple of Georgia must allow creditors onto its property to inventory its assets and must not spend its income. "Attorneys for the temple, which filed for Chapter 11

RE: Evaluating candidates based on their religious views

interested! Best, Chris From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene Sent: Friday, September 18, 2009 12:35 PM To: 'Law & Religion issues for Law Academics' Subject: Evaluating candidates based on their relig

RE: Evaluating candidates based on their religious views

The last question reminds me of Justice Powell's dissent in Branti v. Finkel, where he pointed out that "The voters of Rockland County are free to elect their public defender and assistant public defenders instead of delegating their selection to elected and appointed officials. C

An interesting application of the "no religious decisions" principle of First Amendment law

Madireddy v. Madireddy, decided Tuesday (and to my knowledge not covered by any other media) by a New York intermediate appellate court: In an action for a divorce and ancillary relief, the defendant appeals, and the intervenor sepa

FW: Seton Hall Law Religious Legal Theory Conference

From: Michael Ricciardelli [mailto:ricci...@shu.edu] Sent: Thursday, October 29, 2009 10:42 AM To: Volokh, Eugene Subject: RE: Seton Hall Law Religious Legal Theory Conference “Religious Legal Theory: The State of the Field” Seton Hall University School of Law Newark, New Jersey Thursday

RE: UK Jewish school denies racial discrimination - Yahoo! News

It seems to me that discrimination based on being Jewish under traditional religious rules is both religious discrimination and ethnicity discrimination. I'm Jewish by birth (i.e., my mother, and my mother's mother, were Jewish, though they weren't religious) but not religious.

Elane Photography v. Willock

A New Mexico trial court order just upheld the New Mexico Human Relations' conclusion that a wedding photographer violated state antidiscrimination law when she refused to photograph a same-sex wedding. As to the state RFRA, the court held that (1) the husband-and-wife LLC through which Elaine

FW from Chip Lupu: Elane Photography

-Original Message- From: Ira (Chip) Lupu [mailto:icl...@law.gwu.edu] Sent: Thursday, December 17, 2009 12:19 PM To: Volokh, Eugene Subject: Elane Photography Eugene: I'm at a computer from which I cannot post to the list. But here's one question about your compellin

The compelling interest test and underinclusiveness

Chip Lupu writes: "But here's one question about your compelling interest argument re: New Mexico RFRA -- What difference does it make that NM does not legally recognize same-sex marriage? The claim here is about the refusal of a commercial photographer to perform her offered professional se

RE: FW from Chip Lupu: Elane Photography

m compelled speech (implied endorsement of the subject of the photographs) grounds? Is this any different from a gay wedding ceremony? Is pay to not play an appropriate accommodation of the claimed 1st amend rights? Steve On Thu, Dec 17, 2009 at 3:22 PM, Volokh, Eugene mailto:vol...@law.uc

RE: FW from Chip Lupu: Elane Photography

relationships makes mincemeat of its claim that it has a compelling interest in prohibiting all private discrimination against same-sex relationships. Quoting "Volokh, Eugene" mailto:vol...@law.ucla.edu>>: > > > -Original Message- > From: Ira (Chip) Lupu [mai

RE: FW from Chip Lupu: Elane Photography

illiam Nelson Cromwell Professor of Law Harvard Law School Areeda 223 Cambridge, MA 02138 ph: 617-496-4451 (office); 202-374-9571 (mobile) -Original Message----- From: religionlaw-boun...@lists.ucla.edu on behalf of Volokh, Eugene Sent: Thu 12/17/2009 3:40 PM To: 'Law & Relig

Comments on Jim Ryan's "Smith and the Religious Freedom Restoration Act: An Iconoclastic Assessment," 78 Va. L. Rev. 1407 (1992)?

Folks: I'm working on the Fourth Edition of my Academic Legal Writing textbook, and I wanted to add a chapter that contains an entire highly successful student Note - minus most footnotes - coupled with running commentary on why each section of the Note works (and, in some instances, how it mi

Religious exemptions and preferences for the religious over the nonreligious

In Henderson v. Hubbard, 2010 WL 599886 (E.D. Cal. Feb. 18), a prison inmate claimed that the denial of conjugal visits with his wife violated RLUIPA and the Free Exercise Clause because he believes that "as a Muslim, he is required to engage in sexual relations with his wife." A

RE: Religious exemptions and preferences for the religious over thenonreligious

Howard Friedman writes: "Except for its greater attractiveness, why is this different than prisons granting special religious diets-which many routinely do?  Or does the greater pressure to feign (or adopt) a particular religious belief because of the attractiveness of the option make a

FW: Public Housing Authority Says No More On-Site Church Services

Any thoughts on this? Thanks, Eugene Feed: Religion Clause Posted on: Thursday, March 04, 2010 4:20 AM Author: Howard Friedman Subject: Public Housing Authority Says No More On-Site Church Services According to yesterday's Dallas News

RE: Cert. granted in Snyder v. Phelps.

My fear is that the Justices might just think the decision below is wrong; the cert petition only alleged a split with a Sixth Circuit case that upheld a content-neutral funeral picketing ordinance, which (as Chip implicitly suggests) is quite different from the content-based decision in

RE: Cert. granted in Snyder v. Phelps.

The IIED tort, and the intrusion upon seclusion tort as applied here, are not content-neutral. Speech on a Web site about a person, and standing with a sign 1000 feet away from a funeral - which is what was at issue here - are not generally tortious, for instance if the speech ex

Re: Cert. granted in Snyder v. Phelps.

From: Volokh, Eugene Sent: Monday, March 08, 2010 11:46 AM To: 'religionlaw@lists.ucla.edu' Subject: RE: Cert. granted in Snyder v. Phelps. The trouble is that the location of the speech was (1) partly on the Web, and (2) partly 1000 feet away from the funeral. Unless th

RE: Cert. granted in Snyder v. Phelps.

edent, the decedent's family, or whoever, it could be suppressed. In other words, what about a right of privacy around funerals? Marci -Original Message----- From: Volokh, Eugene To: 'religionlaw@lists.ucla.edu' Sent: Mon, Mar 8, 2010 3:00 pm Subject: Re: Cert. granted in Snyder

RE: Cert. granted in Snyder v. Phelps.

h per se, nor the content of the speech in terms of the topic -- just the deleterious effects of it in a very limited circumstance. On another plane, should the Constitution protect this sort of conduct at all? And if not, is the distinction between a tort based claim used as a regulation and a

RE: Cert. granted in Snyder v. Phelps.

I appreciate Alan's points (though I probably disagree with him on the bottom line), and they might have been relevant to picketing in front of the funeral. But here, as Alan's first sentence acknowledges, liability was based partly on the Web site and partly on speech a thousand feet f

RE: Cert. granted in Snyder v. Phelps.

cket Fund, you should maintain > its > contents in confidence in order to preserve the attorney-client or work > product > privilege that may be available to protect confidentiality. > > > -Original Message- > From: religionlaw-boun...@lists.ucla.edu [mailto:r

RE: Cert. granted in Snyder v. Phelps.

in confidence.  If you properly received this > > e-mail as a client, co-counsel or retained expert of The > > Becket Fund, you should maintain its contents in confidence > > in order to preserve the attorney-client or work product > > privilege that may be available to protec

RE: Cert. granted in Snyder v. Phelps.

> This is more like defamation or perhaps rock against racism. You have a > right to > speak but no right to optimal delivery or harming others intentionally. > Marci > Sent from my Verizon Wireless BlackBerry > > -Original Message- > From: "Volokh, Eugene" &g

RE: Cert. granted in Snyder v. Phelps.

Eric Rassbach writes: > Eugene is right -- I was asking about the sound aspect, i.e. could the > protest be > heard during the funeral ceremony, were they using megaphones, etc. > > Eugene -- if the shouting could be heard during the funeral ceremony, do you > think > IIED liability would be co

RE: Cert. granted in Snyder v. Phelps.

> is with the death of a family member or comrade. Funerals are special > > Marci > Sent from my Verizon Wireless BlackBerry > > -Original Message- > From: "Volokh, Eugene" > Date: Wed, 10 Mar 2010 11:20:31 > To: 'Law & Religion issues for Law Acad

RE: Cert. granted in Snyder v. Phelps.

Well, the premise of the constitutionality of libel law -- whether under an actual malice standard, a negligence standard, or a (possibly permissible) strict liability standard -- is that false statements of fact lack constitutional value; the mens rea standard is there chiefly to make s

RE: Cert. granted in Snyder v. Phelps.

ytic distance in > these > cases between content-based and content-neutral regulations than is true in > other > cases involving generic time, place, and manner regulations. > > Alan Brownstein > > > > > > -Original Message- > From: religionlaw-b

Decision holding unconstitutional the National Day of Prayer

It's at http://www.wnd.com/files/dayofprayer.pdf . Any thoughts on whether it's consistent with Marsh v. Chambers, and whether the plaintiffs have standing under the current caselaw? Judge Crabb held that they did, see http://www.archive.org/download/gov.uscourts.wiwd.4942/gov.uscourts.wiwd.49

Religious harassment claim against a religious hospital?

Prof. Howard Friedman's excellent Religion Clause blog pointed to Kennedy v. Villa St. Catherine's, Inc. (D. Md. Apr. 30), http://www.mdd.uscourts.gov/Opinions/Opinions/Kennedymsjm&o043010.pdf . Plaintiff, a nursing assistant, was a member of the Church of the Brethren and wore

RE: Question About The Statutory Title VII Exception and the Constitutional Ministerial Exception

Well, if the Church is willing to have as priests men who disagree with the church about the ordination of women, but rejects women who disagree with the church about the ordination of women, then isn't that sex discrimination and not religious discrimination? So I do think that the min

RE: Question About The Statutory Title VII Exception and theConstitutional Ministerial Exception

ubt this is a new idea; perhaps someone would have a reference to something discussing such a two or three axis approach to classifying expressive associations or more particularly religious associations. Mark Scarberry Pepperdine ________ From: religionlaw-boun...@lis

RE: Question About The Statutory Title VII Exception and the Constitutional Ministerial Exception

Rats -- very sorry, completely missed that. But is it really the case that the Church would indeed refuse to ordain priests that disagree with its position? If so, and especially if the Church asked every applicant his or views and categorically rejected all, male or female, who disagr

RE: Question About The Statutory Title VII Exception and theConstitutional Ministerial Exception

This is possible, though of course it wouldn't work for churches for whom race is part of the qualification for the ministry. But only possible, it seems to me: It's just not clear, under standard BFOQ doctrine (such as it is, see http://www.law.ucla.edu/volokh/ccri.htm#IIA3b fo

RE: Question About The Statutory Title VII Exception andtheConstitutional Ministerial Exception

conclude that the church is wrong? Does that mean that being a man is truly a BFOQ (or at least that the government can't say it isn't)? Mark Scarberry Pepperdine From: religionlaw-boun...@lists.ucla.edu on behalf of Volokh, Eugene Sent: Sat 5/8/201

RE: Faith Base Banking

I’m not sure I even quite understand the question – what exactly constitutes a “religious bank” that would be prohibited, while “secular banks” would be permitted? Eugene From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Paul

RE: Factual Clarification re CLS

Rick Duncan writes: "Consider this alternative description: Hastings is attempting to create a designated limited public forum for all student groups that are willing to waive their right to expressive association by being open to include all comers as members, including those who would detract

RE: Factual Clarification re CLS

It seems to me that a public library should be perfectly entitled to say, in the words of Title VI, that "public funds, to which all taxpayers of all races [and sexes and religions and sexual orientations and ideologies] contribute, not be spent in any fashion which ... subsidizes ..

A question about the "must give religious exemptions to the same extent as secular exemptions" theory

A recent case that distinguished FOP Newark Lodge No. 12 v. City of Newark (3d Cir. 1999) (see http://volokh.com/2010/05/11/court-rejects-muslim-police-officers-demand-for-accommodation-of-his-religious-practice-of-wearing-a-full-beard/ for a post on the recent case) led me to think: How would

RE: A question about the "must give religious exemptions to the same extent as secular exemptions" theory

I think the analysis below mixes the purpose of the policy with the purpose of the exception. Here’s how I see the structure of the policies at issue: Purpose of the no beard policy: To preserve uniformity of appearance. Purpose of the medical exception: To accommodate

RE: A question about the "must give religious exemptions to thesame extent as secular exemptions" theory

d to pay > fringe > benefits. Paying fringe benefits does not undermine this policy. > > I'd bet a lot of money that the judges (including then Judge Alito) in FOP > Newark > would see it this way. > > Mark Scarberry > Pepperdine > > -Original Message--

RE: A question about the "must give religious exemptions to the same extent as secular exemptions" theory

NE 68583-0902 "And against the constitution I have never raised a storm,It's the scoundrels who've corrupted it that I want to reform" --Dick Gaughan (from the song, Thomas Muir of Huntershill) --- On Tue, 5/11/10, Volokh, Eugene wrote: From: Volokh, Eugene Subje

Free Exercise Clause trumps Fair Housing Act, when applied to a homeless shelter that gives preferential treatment to people who go to its religious services

Intermountain Fair Housing Council v. Boise Rescue Mission Minnistries, http://web2.westlaw.com/find/default.wl?rs=WLW10.05&ifm=NotSet&fn=_top&sv=Split&cite=2010+wl+1913379&utid=1&vr=2.0&rp=%2ffind%2fdefault.wl&mt=LawSchool, holds that a homeless shelter that gives preferential treatment to peopl

RE: Free Exercise Clause trumps Fair Housing Act, when applied to a homeless shelter that gives preferential treatment to people who go to its religious services

analysis is that it eradicates any need for the FHA religious exemption. I can't think of a situation in which an organization could claim the statutory exemption and not a direct First Amendment exemption. Does that matter? Vance On Wed, May 19, 2010 at 1:50 PM, Volokh, Eugene mailto:vol...

RE: Another One to Watch

Here's what the opinion says about this, at http://www.archive.org/download/gov.uscourts.caed.199063/gov.uscourts.caed.199063.62.0.pdf, pp. 19-20: Plaintiffs allege that § 107 provides an exclusive benefit to "ministers of the gospel." Specifically, although § 119 allows non-minister taxpayers w

RE: SG Kagan and Religious Liberty

Oh, I'd also like to upload the memo to my blog, with full credit to you, of course. Hope that's OK; please let me know if it's not. Thanks, Eugene From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Christopher Lund

RE: SG Kagan and Religious Liberty

Thanks very much to Chris for passing this along; I made an exception to the list no-large-attachment policy, since this struck me as so timely and likely to be interesting. It does seem to me, though, that Kagan only thought it was "quite outrageous" that the stat

Is Bob Jones v. U.S. limited to government funding programs?

I've often seen Bob Jones cited for the proposition that the government has a compelling government interest in banning discrimination (at least race discrimination, and at least in education). And the text does say that "the Government has a fundamental, overriding interest in e

Fifth Circuit holds that Texas RFRA mandates exemption from school hair-length restriction

A.A. v. Needville Indep. School Dist., http://www.ca5.uscourts.gov/opinions%5Cpub%5C09/09-20091-CV0.wpd.pdf, decided today by a 2-1 vote (Higginbotham joined by Wiener, with Jolly dissenting): A Native American boy and his parents challenge a school district's requirement that he wear his long h

Is a patient who believes "Jesus would save [me]" competent to refuse life-saving medical treatment?

>From In re Matter of J.M. (N.J. Super. >Ct.), >http://www.judiciary.state.nj.us/decisions/BER_P_036_10.pdf, just released >earlier this month (for some interesting reader comments, see >http://volokh.com/2010/07/15/is-a-patient-who-b

FW: Fulbright Opportunities in Law

From: SCHOLARS [mailto:schol...@iie.org] Sent: Tuesday, July 20, 2010 9:19 AM To: Volokh, Eugene Subject: Fulbright Opportunities in Law Dear Listserv Owner, I am a representative of the Fulbright Scholar Program and would like to have a message posted on your listserv, announcing Fulbright

A reminder about what to do if you can't post from your address

Folks: A reminder -- if you try to post, and get a message saying that you can't post from this address, then you need to unsubscribe from your old address, and subscribe from the one from which your messages now come. The Web page for unsubscribing and resubscribing is pointed t

RE: Perry v. Schwarzenegger - Effect of Religious Beliefs

I had thought that “Dennis Hollingsworth, Gail J Knight, Martin F Gutierrez, Hak-Shing William Tam, Mark A Jansson And Protectmarriage.Com-Yes On 8, A Project of California Renewal, as official proponents of Proposition 8” had their motion to intervene granted (they seem to be lis

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