Abolish Religious Exemptions from the Law? (Part 2)

In the United States and other countries, religious institutions have traditionally enjoyed a privileged position, i.e., they have been granted exemptions from compliance with certain laws (including, without limitation, laws against discrimination in employment and laws requiring the payment of taxes). Is it appropriate or even useful for religion to have this privileged status?

Links:

1. Wisconsin Supreme Court’s use of the “ministerial exception” to dismiss an age discrimination case against a Catholic school system

http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=38088

2. New York Court of Appeals decision in Catholic Charities of the Diocese of Albany v. Serio

http://www.law.cornell.edu/nyctap/I06_0127.htm

3. California Supreme Court’s decision in Catholic Charities of Sacramento v. Superior Court (Unfortunately, I can’t find a generally accessible URL for this decision. The citation is 85 P.3d 67 (2004).)

4. Jonathan Turley’s Op-Ed piece entitled “When it comes to religious groups, who’s really facing discrimination?”

http://www.washingtonpost.com/wp-dyn/content/article/2010/04/16/AR2010041602027.html

5. Employment Division v. Smith

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0494_0872_ZO.html

6. Bob Jones University v. United States

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0461_0574_ZO.html

7. New York Times article on the Ocean Grove Camp Meeting Association case

8. Part 1 of this video series

http://www.youtube.com/watch?v=G5TBxCfnFiw

Duration : 0:9:56

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Taking Free Exercise Rights Seriously

March 30, 2006
Speaker: Professor Alan E. Brownstein, University of California, Davis School of Law
Presented by: Center for Professional Ethics

Summary: William A. Brahms Lecture on Law and Religion

• Constitutional law does not take free exercise rights seriously. Creating a more complex free exercise jurisprudence

• How do we balance religious exercise against conflicting state interests?

Professor Brownstein is an expert on church-state issues and has also written extensively on freedom of speech, privacy and autonomy rights and other constitutional law subjects. His articles have been published in numerous academic journals, including the Stanford Law Review. Professor Brownstein teaches Constitutional Law, Law and Religion, and Torts at the UC Davis School of Law, is a frequent lecturer at academic conferences and in law related programs before civic, legal, religious and educational groups. He received his law degree from Harvard Law School in 1977.

Duration : 1:2:14

Read more about Taking Free Exercise Rights Seriously

Abolish Religious Exemptions from the Law? (Part 1)

In the United States and other countries, religious institutions have traditionally enjoyed a privileged position, i.e., they have been granted exemptions from compliance with certain laws (including, without limitation, laws against discrimination in employment and laws requiring the payment of taxes). Is it appropriate or even useful for religion to have this privileged status?

Links:

1. Regarding Christian Legal Society v. Martinez–

–the decision of the federal district court in favor of the law school

http://www.alliancealert.org/2006/20060417.pdf

–the decision of the 9th Circuit affirming the trial court’s ruling

http://www.scotusblog.com/wp-content/uploads/2009/10/08-1371_ca9.pdf

–SCOTUS WIKI’s entry on the case (lots of information and material)

http://www.scotuswiki.com/index.php?title=Christian_Legal_Society_v._Martinez

2. Archbishop Donald Wuerl’s talk entitled “Religious Freedom and Marriage”

3. Washington D.C.’s marriage equality and nondiscrimination law and related material

http://www.dccouncil.washington.dc.us/lims/legislation.aspx?LegNo=B18-0482&Description=RELIGIOUS-FREEDOM-AND-CIVIL-MARRIAGE-EQUALITY-AMENDMENT-ACT-OF-2009.&ID=23204

http://www.dccouncil.washington.dc.us/images/00001/20100409103713.pdf

4. Title VII of the Civil Rights Act of 1964

http://www.eeoc.gov/laws/statutes/titlevii.cfm

5. McClure v. The Salvation Army (the first federal appeals court decision to recognize a “ministerial exception” to Title VII)

http://scholar.google.com/scholar_case?case=7674766003352112619&hl=en&as_sdt=2&as_vis=1&oi=scholarr

6. Part 2 of this video series

http://www.youtube.com/watch?v=3GHVxMDRx6o

Duration : 0:10:29

Read more about Abolish Religious Exemptions from the Law? (Part 1)