Drift of the Court on religion

[Marc Stern]

But based on those subsidies, the UK has forbidden religious schools
receiving government aid to tell students  that homosexual behavior is
sinful (although they can teach that the church is opposed to homosexual
behavior). And under its laws regarding sexual orientation equality, it
has forbidden a Catholic school to fire a headmaster (a lovely English
term)  who had a same sex partner. Moreover, the British have at least
proposed that religious schools be required to accept a portion of
students of differ faiths to avoid religious segregation.( I don't know
off hand whether the proposal was adopted.)Thus, the question of whether
the religious subsidies advance religious freedom is more complicated
than Alan's post suggests-even before we get to the questioned of
whether the nominal Christianity of  public schools in England is itself
any boon to religion.
Marc Stern
________________________________

From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Brownstein,
Alan
Sent: Tuesday, June 03, 2008 1:35 PM
To: Law & Religion issues for Law Academics
Subject: RE: Drift of the Court on religion



Sorry, Eugene. I can't help you on the question you asked about Justice
White. But on the question of whether Justice Scalia's arguments about
the Establishment clause are sound, I am somewhat perplexed by his
apparent belief that Europe is committed to the separation of church and
state and that religious expression is excluded from the public square
throughout the continent. I'm not an expert on comparative law - but, to
cite just one example,  it certainly seems to me that European countries
are far more likely to permit government subsidies of religious schools
and far more willing to permit religious teaching and prayer in the
public schools than the United States.

 

Alan Brownstein

 

From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Volokh, Eugene
Sent: Tuesday, June 03, 2008 10:18 AM
To: Law & Religion issues for Law Academics
Subject: Drift of the Court on religion

 

    I'm sure Justice Scalia is not credible to lots of people, just as
any Justice is not credible to lots of people.  But I take it the
question should be whether his arguments about the Establishment Clause
-- the question he seemed to be discussing -- are sound, a matter that
is logically quite independent of whether one thinks his (and Justice
Stevens', Rehnquist's, Kennedy's, White's, and Harlan's) view on the
Free Exercise Clause was sound.

 

    Incidentally, speaking of the drift of the Court on religion -- has
anyone studied why Justice White provided the fifth vote for the Smith
majority?  He did originally vote with Harlan in dissent in Sherbert v.
Verner, but then seemed to accept the constitutionally compelled
exemptions regime -- not joining, for instance, Rehnquist's and Stevens'
expressions of skepticism on the subject -- and in Bowen v. Roy took the
most pro-claimant view of any Justice.  Yet in Smith he changed his
view.  Any thoughts on why he so concluded?  Was he, for instance,
persuaded by his thirty years of experience dealing with the
constitutionally compelled exemptions regime that Scalia's critique was
correct?  Or did he always take the view that the regime was unsound and
should be jettisoned at the first opportunity, but that while it
continued it should be enforced relatively rigorously?

    

    Eugene

	 

	
________________________________


	From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Brad & Linda
	Sent: Tuesday, June 03, 2008 5:57 AM
	To: Law & Religion issues for Law Academics
	Subject: Re: Scalia Decreis Drift of Court On Religion

	I'm not sure the author of the majority opinion in Employment
Division V Smith is the most credible voice to criticize the Court's
handling of religion.

	 

	Brad Pardee

		----- Original Message ----- 

		From: Joel Sogol <mailto:jlsatty at wwisp.com>  

		To: Religionlaw <mailto:religionlaw at lists.ucla.edu>  

		Sent: Monday, June 02, 2008 6:44 PM

		Subject: Scalia Decreis Drift of Court On Religion

		 

		Scalia Decries Drift of Court On Religion - June 2, 2008
- The New York Sun
<http://www.nysun.com/national/scalia-decries-drift-of-court-on-religion
/79084/>  

		 

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