Cemetery Speech & Free Exercise

Douglas Laycock laycockd at umich.edu
Mon Sep 11 08:48:12 PDT 2006



  There is also a Kansas case about a farm family who had buried
their child on their land, and created a sort of shrine; the land was
taken for a highway expansion.  This was an early RFRA case, decided
on no burden grounds I think, in the D. Kan. or the 10th Circuit.

  I briefed and argued the appeals in /Warner v. Boca Raton/; neither
side cited much law on cemeteries.  The opinion of the Florida Supreme
Court, ripping much of the heart out of Florida RFRA, is at 887 So.2d
1023.

  Quoting AAsch at aol.com:

>
> The case I remember is Warner v. City of Boca Raton, 267 F.3d 1223 
(11th
> Cir. 2001)
>
> It's at:
_http://www.ca11.uscourts.gov/opinions/ops/199913730.OPN.pdf_[1]
> (http://www.ca11.uscourts.gov/opinions/ops/199913730.OPN.pdf[2])
>
> Then it went through the Florida Supreme Court and ended up at:
> _http://www.ca11.uscourts.gov/opinions/ops/199913730.pdf_[3]
> (http://www.ca11.uscourts.gov/opinions/ops/199913730.pdf[4])
>
> Hope that helps
>
> Allen Asch
>
> In a message dated 9/9/2006 4:01:44 PM Pacific Standard Time,
> RJLipkin at aol.com writes:
>
> I'd welcome hearing about caselaw and literature discussing First 
Amendment
> issues, if any, concerning religious symbols on headstones in 
government
> owned cemeteries, for example Arlington cemetery.
>
> Bobby
>
> Robert Justin Lipkin
> Professor of Law
> Widener  University School of Law
> Delaware
>
>
>
>
>

Douglas Laycock
University of Michigan Law School
625 S. State St.
Ann Arbor, MI  48109-1215
  734-647-9713

Links:
------
[1] 
/horde/services/go.php?url=_http%3A%2F%2Fwww.ca11.uscourts.gov%2Fopinions%2Fops%2F199913730.OPN.pdf_
[2] 
/horde/services/go.php?url=http%3A%2F%2Fwww.ca11.uscourts.gov%2Fopinions%2Fops%2F199913730.OPN.pdf
[3] 
/horde/services/go.php?url=_http%3A%2F%2Fwww.ca11.uscourts.gov%2Fopinions%2Fops%2F199913730.pdf_
[4] 
/horde/services/go.php?url=http%3A%2F%2Fwww.ca11.uscourts.gov%2Fopinions%2Fops%2F199913730.pdf

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