Justia columnist and Cardozo law professor Marci Hamilton takes strong issue with the contention that a for-profit company is a religious “person” under the Religious Freedom Restoration Act (RFRA). The U.S. Courts of Appeals for the Third and Tenth Circuits have differed on the issue, and Hamilton argues that the Third Circuit is plainly right, and the Tenth Circuit plainly wrong. She also contends that the federal government should take an anti-RFRA position, just as it took an anti-DOMA position.
Justia columnist and Cardozo law professor Marci Hamilton comments on a little-remarked but important aspect of the recent Supreme Court decision in United States v. Windsor: the limits of the decision. For instance, she notes that gay people were not granted a constitutional right to be married in any state by the decision. Moreover, Hamilton points out that, despite the decision, there are only 14 jurisdictions, including the District of Columbia, where gay people will be able to marry, and where they also will be able to receive the identical federal benefits received by heterosexual couples. And, in the 37 states left to persuade, federal benefits for married couples can be limited to heterosexual couples. Thus, Hamilton notes that we are far from true equality for gay Americans.
Justia columnist and Cardozo law professor Marci Hamilton comments on the Supreme Court’s 5-4 decision in Shelby v. Holder, the Voting Rights Act case that the Court just resolved. Section 4(a) of the Act establishes a formula to be applied to identify jurisdictions that must obtain preclearance before they change their voting practices. Hamilton considers the majority and the dissent, and contends that coverage of the decision features a drastic overstatement of both the Court’s decision and its likely fallout.
Justia columnist and Cardozo law professor Marci Hamilton comments on the Supreme Court’s recent Peugh decision. She contends that the ruling, although it does not deal with sex offenders, will have an impact that will surely be felt in sex-offender cases. In particular, Hamilton argues that the case's interpretation of the Constitution’s Ex Post Facto Clause will make it more difficult to incarcerate criminals, and sex offenders in particular. As a result, Hamilton notes, the Court’s decision, and another it issued a decade ago, may put children in very serious peril.
Justia columnist and Cardozo law professor Marci Hamilton discusses a church/state case that the Supreme Court has recently taken up, which concerns the question whether a town board may constitutionally open its meetings with prayer. Hamilton predicts that this case will be a landmark Establishment Clause battle, and a key development in America’s ongoing culture war over control of government programs and spaces, and of American culture itself. In addition to analyzing prior Establishment Clause precedents that are relevant here, Hamilton suggests where each of the Justices is likely to fall on the possible spectrum of views, and votes, regarding the Town of Greece case.
Justia columnist and Cardozo law professor Marci Hamilton discusses abuse in the world of sports, including school, amateur and professional sports. While child sex abuse has been a problem in this world, physical, emotional, and verbal abuse are far too common, and need to stop as well, Hamilton urges. She cites the example of Rutgers basketball coach Mike Rice, but stresses that Rice is far from alone in his abusive behavior. And, Hamilton notes, it is a problem that athletes looking for—or wanting to continue with—college scholarships feel that they have no other choice but to take the abuse. Hamilton asks us all to imagine sports as it should be: free of bullying and fear, and offers a model code of conduct for sports addressing the various forms of abuse that athletes may suffer, as well as reporting requirements when abuse does occur.
Justia columnist and Cardozo law professor Marci Hamilton comments on developments in States across the nation regarding abolishing the statute of limitations on child sex abuse. Hamilton chronicles the details of the progress in each of the relevant states, and notes the rising calls for justice not only for victims, but also for those who knew of a victim’s abuse and did nothing about it or, even worse, covered it up.
Justia columnist and Cardozo law professor Marci Hamilton comments on the new books—one nonfiction, and the other a novel—and the movie deal that will better illuminate the Catholic Church's scandal over clergy child sex abuse. Hamilton expresses the hope that these works will cause a stronger push for strict laws in this area. Hamilton focuses on some key parts of the scandal, such as the early dearth of media coverage and the brave crusaders who dared to side with the victims and boldly challenge the Church. She also assesses each of the two books, finding both praiseworthy.
Justia columnist and Cardozo law professor Marci Hamilton comments on two recent developments: (1) a new kind of state-level religious freedom restoration act (RFRA) that omits the requirement of a substantial burden upon the plaintiff's religious conduct; a mere burden is enough under this new kind of RFRA; (2) the deeply disappointing nature of the Pennsylvania Task Force Legislative Package to protect children, which omitted child-sex-abuse statute of limitations reform, and failed to protect children from medical neglect by faith-healing parents.
Justia columnist and Cardozo law professor Marci Hamilton predicts that the new Pope, formerly the Archbishop of Buenos Aires, will be no more successful than his predecessor in effectively addressing the Catholic Church’s problem with clergy child sex abuse. In making her case, Hamilton cites the name the new Pope chose, Francis for St. Francis Xavier, not St. Francis of Assisi; and the fact that he is a Jesuit—and thus a member of an order that despite the respect it claims still has clergy child abuse problems and problems with related cover-ups. Hamilton also points out that Pope Francis—unlike Cardinal Oullet of Canada, another top contender—has not been an outspoken critic of clergy child abuse. For these and other reasons, Hamilton predicts that true reform in this area will only come from the legal system, not the Church.
Justia columnist and Cardozo law professor Marci Hamilton discusses what the institutions and people who oversee youth and school sports must do in order to avoid child sex abuse, and other types of abuse that can be related to sports, such as verbal abuse. Hamilton begins by noting that we need to clearly define what is abuse, whether sexual, verbal, or otherwise. In addition, she argues that youth athletic organizations need to institute hotlines for reporting abuse, and also to ensure backup support for young athletes if a hotline alone is not enough, as it may not be in some circumstances. In addition, Hamilton discusses the institution of penalties for adults who know of abuse and do nothing, and notes how sports culture can be changed for the better with the help of The Positive Coaching Alliance.
Justia columnist and Cardozo law professor Marci Hamilton argues that Hurricane Sandy disaster relief cannot constitutionally be extended to religious institutions, and notes that such relief was not extended to houses of worship in prior, similar situations. She also contends that religious institutions should go back to their days of eschewing government funding entirely. Accordingly, Hamilton opposes the Federal Disaster Assistance Non-Profit Fairness Act, and notes that the church/state entanglement issues that will arise if the government is involved in funding the rebuilding of a damaged house of worship.
Justia columnist and Cardozo law professor Marci Hamilton comments on last week's issuance by, the Obama Administration, of revised HHS regulations that accommodate religious organizations that object to providing contraception and abortion services as part of their requirement to provide health insurance under the Affordable Care Act (ACA). Hamilton explains the exemption, its four criteria, and how the rules work. She also notes that the religious exemption does not apply to for-profit entities, and likely will be held not to apply to nonprofit entities, either. The reason the exemption likely does not apply, Hamilton explains, is that employers are completely out of the loop, with the health insurance issue (including issues regarding contraception and abortion) now solely an issue, under the regulations, between a woman and her doctor.
Justia columnist and Cardozo law professor Marci Hamilton comments on a recent development relating to the fight for justice for victims of child sex abuse: the release of the records of the Catholic Church's Los Angeles Archdiocese in one case, with many such more records to come, pursuant to a 2007 settlement. Hamilton argues that, in addition to the brave survivors who have come forward to report abuse, and the journalists who exposed the truth, our justice system deserves credit for bringing the perpetrators to justice. Hamilton also notes the key role of statute-of-limitations window legislation in ensuring that the victims' cases could be tried despite the expiration of the original statutes of limitations.
Justia columnist and Cardozo law professor Marci Hamilton comments on the confluence of forces that have made the victories in the fight against child sex abuse possible. Among the key factors, Hamilton argues, are the end of the old boys’ network; survivors who are empowered by the justice system; and revelations that go public far more quickly than they could have prior to the Age of the Internet, when victims and critics of abusers have a strong, far-reaching voice and the ability to recruit allies and supporters. With all these developments, together, sparking public outrage, Hamilton notes that even previously untouchable football institutions can be made accountable—noting, for instance, the crimes toward a young woman in Steubenville, Ohio, by members of that town’s team.
Justia columnist and Cardozo law professor Marci Hamilton comments on the tragic murders at Sandy Hook, which have shaken the nation. Hamilton discusses the limits to the constitutional right to bear arms, and emphasizes that the murders demand a debate about both gun control and mental health. Without constitutional barriers, despite what the NRA says, Hamilton says that instituting gun control would be easy if there were the political will to do so. The hard part, Hamilton argues, is dealing with those who are mentally ill, and have the capacity to harm others, without returning to the woeful state in which the mentally ill were left in the past. And the really easy part, Hamilton argues, is forbidding parents—like Adam Lanza’s mother—from introducing their mentally ill children to guns and teaching them how to use them.
Justia columnist and Cardozo law professor Marci Hamilton looks back on this year’s important developments regarding justice for victims of child sex abuse. Among the events Hamilton chronicles are the conviction of prominent Satmar Hasidic school counselor Nechemya Weberman, and the Catholic Church and Penn State cases, which led to the convictions, respectively, of Msgr. Willam Lynn and Jerry Sandusky. Other developments, as Hamilton explains, have involved the Boy Scouts’ release of previously secret files, as well as the release of previously secret files pursuant to the settlement by the Catholic Church’s Los Angeles Archdiocese. Key priorities for the future, Hamilton notes, are increased legal reform in this area, and a greater focus on the problem of incest.
Justia columnist and Cardozo law professor Marci Hamilton reviews a recent HBO Films documentary about child sex abuse within the Catholic Church, noting that the paradigm that the documentary reveals also applies to many other institutions where child sex abuse has occurred, including Penn State, the Boy Scouts, other religious groups, other schools, and many more. Mea Maxima Culpa is especially heart-wrenching, Hamilton explains, because the victims of sex abuse were deaf boys, and some of their families had never learned to sign—making them all the more vulnerable to the predation. The documentary, Hamilton contends, surely deserves an Oscar nod, especially as it captures the paradigm of institution-based abuse, covering the victims, the perpetrators, and the institution.
Justia columnist and Cardozo law professor Marci Hamilton comments on a recent decision from a three-judge panel of the U.S. Court of Appeals for the Second Circuit. The decision addressed the question whether the New York City Board of Education can exclude houses of worship from occupying public schools. Hamilton argues that this controversy is part of a much larger issue, regarding religious groups’ seeking government entitlements. She covers the key U.S. Supreme Court cases that are relevant to this issue, and connects the issue to the “church-planting” movement. The ultimate goal of those who seek to allow religious groups to occupy public school, is much more ambitious than just that, Hamilton suggests: It is to convince governments to pay as much money to support religious private schools as it pays to support public schools.
Justia columnist and Cardozo law professor Marci Hamilton discusses the child-sex-abuse investigation in Australia and developments regarding child sex abuse here in the U.S. Hamilton argues that America’s response to evidence of child sex abuse in our institutions has been woefully deficient. While some local or state prosecutors have moved forward, Hamilton argues that what is needed, as well, is a response at the federal level. Hamilton suggests that Members of Congress are afraid to take on the relevant institutions, despite the terrible toll that child sex abuse takes on children and the monetary costs that are associated with that toll. Hamilton argues, however, that addressing child sex abuse is not only the right thing to do, but also ultimately in Members of Congress’ political interests. In particular, she urges Republicans to change their focus from “unborn children” to actual children who are suffering due to child sex abuse. Hamilton also urges Democrats in Congress and President Obama to investigate and act on this important issue, including by reforming the insurance industry's role.