Snowbowl decision

[Hamilton02 at aol.com]

After thinking more about Judy's comment, it hit me that the  discussion of 
Snowbowl really seems surreal to me.    The  Snowbowl claim was esoteric, 
shall we say?  I don't doubt sincerity, but  when one compares a claim to 
have artificial snow made of a certain type of  water against child abuse, it 
is jarring.  There are lots of decisions far  more troubling.   Take, for 
example, the Wis Supreme Court's decision  in Pritzlaff (rejecting tolling of 
statutes of limitations for victims  of clergy based on the First Amendment 
but no other victims) remain  standing, the issue seems precious.  I raise 
the clergy abuse issue because  it is being litigated over and over again, 
with real world consequences.   And now that the Latter-Day Saints have joined 
the Catholic Church in Oregon in  heavily lobbying against statute of 
limitations reform for child sex abuse  victims, I guess we know who has serious 
problems in this context and why the  issue is not going away anytime soon....
 
Tom mentions Mockaitis.  Would Mockaitis have been decided  differently 
under the Snowbowl reasoning, if taken in the context of the 9th  Cir's 
precedents in general on the burden issue?  For me, the Mockaitis  decision goes 
way too far, seeming to say that there is an impregnable privilege  around 
confession that might even extend to situations where a member of the  clergy 
knows about a murder or incest that is going to happen in the  future.  But 
that is I suppose a question of government interest rather  than burden?
 
Anyway-- I'm interested in other concrete examples  of  practices that 
should be protected that would not be under the  Snowbowl rule....    (This 
request has no time limit-- I've  been waiting several months for  listserv 
members to provide  examples of religious practices that have been burdened and 
prohibited that  should have been protected since Smith was decided....).   
Where I'm sitting, Smith has been the means of liberation for the  
vulnerable, but I am always interested in knowing what is actually happening on  the 
ground to test my conclusions.
 
Marci
 
 
 
In a message dated 6/15/2009 11:47:02 A.M. Eastern Daylight Time,  
JBAER at politics.tamu.edu writes:

I prefer  facts to ignorance 

Marci

So do I, Marci, and your book is full  of well documented facts. Of course,
so are Kitty's books, and the  criticism she gets is vicious compared to 
what
you get. Just thought the  comparison might get a rise out of  you.

Best,
Judy




**************An Excellent Credit Score is 750. See Yours in Just 2 Easy 
Steps! 
(http://pr.atwola.com/promoclk/100126575x1221322979x1201367215/aol?redir=http://www.freecreditreport.com/pm/default.aspx?sc=668072&hmpgID=62&bcd=Jun
eExcfooterNO62)
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.ucla.edu/pipermail/religionlaw/attachments/20090615/4a6ad9ba/attachment.htm>