The First Amendment and rejection of apotentialcountyDirectorof Schools

Steven Jamar stevenjamar at gmail.com
Wed Nov 22 13:45:45 PST 2006


I think Eugene is pretty much right on this, but was it really his  
views or his connection with the religion here?  How do we handle  
mixed cases?  Favor the speech or favor the bar on religious tests?   
It certainly makes sense to favor the religious interpretation when  
it gets mixed in, I think.

Also, after Lawrence isn't there a bit of an overtone of substantive  
due process here that says the action taken needs to have some  
legitimate interest and connection to the achievement of that  
interest and the person being hired should be judged on doing the  
job, not on particular views?

Steve

On Nov 22, 2006, at 4:30 PM, Volokh, Eugene wrote:

> 	It may well be that the government ought not consider an
> applicant's purely theological views (e.g., on the trinity or even on
> the existence of God) even for a high decisionmaking positions.   
> But if
> the government may consider an applicant's views on secular questions,
> such as how homosexuality should be treated by society, whether  
> abortion
> should be legal, whether some war is just or not, can it really be
> foreclosed from considering those views when the views are "religious
> views" in the sense of being articulated in religious terms?  To  
> return
> to the Lumpkin case, if the mayor is generally entitled to select  
> Human
> Rights Commission members based partly on their judgments about  
> whether
> homosexuality is morally proper, is the mayor nonetheless foreclosed
> from removing Lumpkin for Lumpkin's religiously framed statements  
> to the
> contrary?
>
> 	Eugene
>
>> -----Original Message-----
>> From: conlawprof-bounces at lists.ucla.edu
>> [mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Steven Jamar
>> Sent: Wednesday, November 22, 2006 1:27 PM
>> To: conlawprof at lists.ucla.edu
>> Subject: Re: The First Amendment and rejection of
>> apotentialcountyDirectorof Schools
>>
>> Isn't religion different because you can't require a religious test
>> for holding office?  And religion is not just subsumed under
>> speech.
>> I think a person's views can be the basis of selection for
>> this position, but aren't religious views put off limits by
>> the constitution?
>>
>> Steve
>>
>> -- 
>> Prof. Steven D. Jamar                               vox:   
>> 202-806-8017
>> Howard University School of Law                     fax:   
>> 202-806-8567
>> 2900 Van Ness Street NW                    
>> mailto:stevenjamar at gmail.com
>> Washington, DC  20008	                         http://iipsj.com/SDJ/
>>
>> "If a man empties his purse into his head, no man can take it
>> away from him.  An investment in knowledge always pays the
>> best interest."
>>
>> Benjamin Franklin
>>
>>
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-- 
Prof. Steven D. Jamar                     vox:  202-806-8017
Howard University School of Law           fax:  202-806-8567
2900 Van Ness Street NW         mailto:stevenjamar at gmail.com
Washington, DC  20008	                http://iipsj.com/SDJ/

"Nothing that is worth anything can be achieved in a lifetime;  
therefore we must be saved by hope."

Reinhold Neibuhr




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