RFRA substantial burden analysis

[Frank Cross]

I don't think this is so, but I can stipulate to it, and still say 
the support of a minority of members is worthy of recognition.  The 
Church never purports to be a democracy

At 02:21 PM 2/14/2012, Malla Pollack wrote:
>Your argument supports not allowing the institutional church to demand
>an exemption because it shows that the Church's position on any issue
>does not prove that the chuch's members as a whole endorse that view
>i.e. that on that issue the Church is NOT entitled to be recognized as
>a surrogate for the members' rights to free exercise of their
>religion.
>At this point, I shall drop out of this discussion for reasons not
>related to its content.
>Malla
>
>On Tue, Feb 14, 2012 at 2:16 PM, Frank Cross <crossf at mail.utexas.edu> wrote:
> >
> > No, that actually doesn't follow.  Those people choose to remain 
> part of the
> > Church despite disagreeing with it on contraception.  For all we know, they
> > like the fact that the Church opposes contraception though they disagree.
> > The may value the fact that the Church takes a principled stand contrary to
> > their interests. The Church is quite pro-poor and pro-foreigner.  Lots of
> > Catholics may disagree with this too.  The Church is pro-immigrant, though
> > many of its followers presumably are not.  No one is forced to 
> remain in the
> > Church.  Yet they do so.
> >
> > At 02:04 PM 2/14/2012, Malla Pollack wrote:
> >>
> >> "There is no Church separate from the individuals who make it up.  The
> >> Church is simply the means through which they express their religion"
> >>
> >> Given that the facts show that a supermajority of members of the
> >> Catholic Church are pro-contraception, this statement is simply a
> >> false statement of fact.
> >> Malla
> >
> >
> > Frank B. Cross
> > Herbert D. Kelleher Centennial Professor of Business Law
> > McCombs School of Business
> > University of Texas
> > CBA 5.202 (B6500)
> > Austin, TX 78712-0212
> > 512.471.5250

Frank B. Cross
Herbert D. Kelleher Centennial Professor of Business Law
McCombs School of Business
University of Texas
CBA 5.202 (B6500)
Austin, TX 78712-0212
512.471.5250