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Ky. legislature overrides ‘religious freedom’ veto

Ky. legislature overrides ‘religious freedom’ veto – USA Today Tom Loftus, The (Louisville, Ky.) Courier-Journal 10:57 p.m. EDT March 26, 2013 FRANKFORT, Ky. — The Kentucky legislature voted Tuesday night to override the governor’s veto of a controversial “religious freedom” bill. The House’s 79-15 vote sent House Bill 279 to the Senate, which voted 32-6 […]

Professor Marci A. Hamilton, THE “LICENTIOUSNESS” IN RELIGIOUS ORGANIZATIONS AND WHY IT IS NOT PROTECTED UNDER RELIGIOUS LIBERTY CONSTITUTIONAL PROVISIONS, 18 Wm. & Mary Bill of Rts. J. 953 (2010)

[953] There is no doubt that the sexual abuse of children occurs within religious organizations and that these organizations too often operate to perpetuate cycles of abuse. There was a time when such a statement was counter-intuitive, but it is now merely a statement of fact. One difficult question to answer is how the law […]

Professor Marci A. Hamilton and Professor Rachel Steamer, THE RELIGIOUS ORIGINS OF DISESTABLISHMENT PRINCIPLES, 81 Notre Dame L. Rev. 1755 (2006)

SYMPOSIUM THE (RE)TURN TO HISTORY IN RELIGION CLAUSE LAW AND SCHOLARSHIP: THE RELIGIOUS ORIGINS OF DISESTABLISHMENT PRINCIPLES, 81 Notre Dame L. Rev. 1755(Copy citation) June, 2006 Reporter: 81 Notre Dame L. Rev. 1755 Length: 16994 words Author: Marci A. Hamilton* and Rachel Steamer+ [1755] Introduction The United States did not begin as a unified Christian culture, but […]

CUTTER V. WILKINSON (03-9877) 544 U.S. 709 (2005) 349 F.3d 257, reversed and remanded.

A federal law prohibiting government from burdening prisoners’ religious exercise did not violate the First Amendment’s establishment clause. The Court held that, on its face, RLUIPA made an accommodation allowed by the First Amendment. The Court reasoned that the law was an effort to alleviate the “government-created burden” on religious exercise that prisoners faced. Nor did section three discriminate between mainstream and non-mainstream religions. The Court did point out that constitutional problems could arise if RLUIPA were enforced improperly and religious prisoners received favored treatment, or if religious exercise and security concerns were not properly balanced.

Professor Marci A. Hamilton, Religion, the Rule of Law, and the Good of the Whole: A View from the Clergy, 18 J. L. & Politics 387 (2002)

[387] I. Introduction “The separation of church and state” is a malapropism, in the sense that it awkwardly captures the constitutional arrangement between church and state. While it rightly captures the notion that church and state are to have distinguishable identities, and distinguishable interests, it fails to come to grips with the reality that religion […]

Professor Marci A. Hamilton, TESTIMONY U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON THE JUDICIARY SUBCOMMITTEE ON THE CONSTITUTION H.R. 1691: The “Religious Liberty Protection Act of 1999”

TESTIMONY U.S. HOUSE OF REPRESENTATIVES COMMITTEE ON THE JUDICIARY SUBCOMMITTEE ON THE CONSTITUTION H.R. 1691: The “Religious Liberty Protection Act of 1999” Marci A. Hamilton Professor of Law Benjamin N. Cardozo School of Law, Yeshiva University May 12, 1999 Thank you, Mr. Chairman, for inviting me to speak today on this important topic. I am […]

Professor Marci A. Hamilton, COMMENTARY: ON SCHOOL VOUCHERS AND THE ESTABLISHMENT CLAUSE: Power, the Establishment Clause, and Vouchers, 31 Conn. L. Rev. 807 (1999)

[808]  INTRODUCTION The Establishment Clause is a particular example of the Constitution’s separation of powers. The concept of separation of powers is often ascribed solely to the question of the proper relationship between the federal branches, but the entire Constitution is governed by the overarching principle that society is best served when centers of power are […]

Professor Marci A. Hamilton, TESTIMONY TO THE HOUSE COMMITTEE ON THE JUDICIARY’S SUBCOMMITTEE ON THE CONSTITUTION, H.R. 4019: The “Religious Liberty Protection Act of 1998”

TESTIMONY TO THE HOUSE COMMITTEE ON THE JUDICIARY’S SUBCOMMITTEE ON THE CONSTITUTION H.R. 4019: The “Religious Liberty Protection Act of 1998” Marci A. Hamilton Professor of Law Benjamin N. Cardozo School of Law, Yeshiva University 55 Fifth Avenue New York, NY 10003 (212) 790-0215 (212) 790-0205 (fax) hamilton02@aol.com June 16,1998 Thank you, Mr. Chairman, for […]