Nevada district court applies Fraternal Order of Police v.Newark(3d Cir.), holds no-beard poli

[Marc Stern]

1.Because no legislative body has the time to focus on all the peculiar
circumstances in which an arguable  accommodation claim  surfaces.
2. Because referring everything to legislatures is a prescription for
favored and politically connected groups getting accommodated and others
being left unhelped.(Had this happened in NY,where the speaker of one
house is an orthodox Jew it would eb failry easy to get a legislateive
fix;not so in Nevada.And exactly which legsilature woud intervene to
ehlp Wiccans?) And that is a constitutional problem in its own right, as
Grumet suggests, or at least some Justices suggested in Grumet.
Marc Stern 

-----Original Message-----
From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of
hamilton02 at aol.com
Sent: Wednesday, August 13, 2008 1:04 PM
To: Law & Religion issues for Law Academics
Subject: Re: Nevada district court applies Fraternal Order of Police
v.Newark(3d Cir.), holds no-beard poli

I think the policy debate on this case illustrates why the First
Amendment and the courts have no business determining accommodation.
The ease w which those outside of government can judge that govt policy
is necessarily wanting because it may burden religious practice is
impressive. 
But the more interesting question is why the courts are better at
drawing these lines than the political process.
Marci
Sent from my Verizon Wireless BlackBerry

-----Original Message-----
From: "Christopher Lund" <Lund at mc.edu>

Date: Wed, 13 Aug 2008 10:33:17
To: <religionlaw at lists.ucla.edu>
Subject: Re: Nevada district court applies Fraternal Order of Police v.
	Newark (3d Cir.), holds no-beard poli


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