Cardozo law professor Marci Hamilton describes how granting accommodations under the Religious Freedom Restoration Act (RFRA) is a slippery slope. Hamilton draws upon a recent decision from the U.S. Court of Appeals for the Fifth Circuit for illustration.
Cardozo law professor Marci Hamilton discusses an archaic Orthodox Jewish practice that persists despite putting infants at risk of death or permanent injury. Hamilton describes a recent decision by the U.S. Court of Appeals for the Second Circuit holding that strict scrutiny applies to the New York City regulation requiring that rabbis receive informed consent from an infant’s parents before performing the dangerous ritual. Hamilton explains why, in her view, the Second Circuit erred in reaching that decision, and moreover, why current criminal laws should be used to protect children from being exposed to the risk.
Cardozo Law professor Marci Hamilton comments on a recent move by the Satanic Temple seeking exemption from coercive informed consent laws citing the U.S. Supreme Court’s decision in Burwell v. Hobby Lobby Stores Inc. Hamilton describes the Catholic bishops’ apprehension toward the Religious Freedom Restoration Act (RFRA) when it was being considered over twenty years ago and how quickly they got behind it after it passed. Finally, Hamilton describes how clear it is now that RFRA cuts both ways.
Cardozo Law professor Marci Hamilton comments on a recent statement by the Wisconsin Insurance Commissioner that purportedly applies the U.S. Supreme Court’s decision in Burwell v. Hobby Lobby Stores Inc. to that state’s law. Hamilton critiques the interpretation as misunderstanding the federal Religious Freedom Restoration Act (RFRA) and calls upon state courts not only to correctly understand the scope of the Hobby Lobby decision, but to reject the Hobby Lobby majority’s reasoning when interpreting their own state’s laws.
Cardozo Law professor Marci Hamilton discusses Wheaton College’s request to receive accommodation under the Religious Freedom Restoration Act (RFRA) to avoid providing some reproductive coverage for its female employees. Hamilton draws upon her own personal experience and points out that the recent controversies over RFRA in the U.S. Supreme Court have revealed that law’s true nature.
Marci Hamilton, a law professor at Cardozo School of Law, offers a strong critique of the U.S. Supreme Court’s decision in Burwell v. Hobby Lobby, in which the Court held that owners of closely held corporations may deny its employees the health coverage of contraceptives on the basis of the owners’ own religious beliefs. Hamilton explains why the Court’s interpretation of the Religious Freedom Restoration Act (RFRA) is problematic and calls for that legislation to be repealed as soon as possible.
Cardozo law professor Marci Hamilton comments on a recently filed religious discrimination lawsuit the EEOC brought on behalf of several employees against two companies, United Health Programs of America, Inc. and Cost Containment Group, Inc. In that case, the two defendant companies are allegedly imposing their “Onionhead” practices on their employees and discriminating against those employees who object to those practices. Hamilton argues that the case illustrates what is at stake in the Hobby Lobby and Conestoga Wood cases currently before the U.S. Supreme Court, in which the Court is expected to resolve crucial questions about the scope of the Religious Freedom Restoration Act (RFRA) and its relationship to civil rights acts.
Cardozo law professor Marci Hamilton responds critically to a column by George Will recently published in the Washington Post in which Will belittled a Swarthmore rape victim and implied that college women are responsible for their rapes. Hamilton provides three examples of how society’s handling rape is improving and argues that Will and others should educate themselves about rape before writing columns that ignore facts.
Cardozo Law School professor Marci Hamilton argues for the importance of academic freedom but distinguishes it from immunity from debate in the marketplace of ideas. She comments on a recent Freedom of Information Act (FOIA) request targeting University of Virginia School of Law professor Douglas Laycock for allegedly using university resources for anti-LGBT ends. Hamilton calls the formal FOIA request unnecessary but the intent to question how his public positions on various issues play out in the real world. Hamilton describes a number of positions Laycock has taken publicly that support the view that he is an advocate for extreme religious forces.
Justia columnist and Cardozo law professor Marci Hamilton argues that the effects of Mississippi’s recent passage of a Religious Freedom Restoration Act (RFRA) should inform the U.S. Supreme Court as it presently considers two cases arising under the federal RFRA, Hobby Lobby and Conestoga Wood. Hamilton points out that the new Mississippi law has ignited major conflict between businesses that simply want to do business with willing customers and those who want to impose their beliefs on employees and customers. Hamilton cautions that if the Supreme Court makes the federal RFRA’s language to applicable to organizations like Hobby Lobby and Conestoga Wood, it will surely cause national unrest.
Justia columnist and Cardozo law professor Marci Hamilton describes two recent disappointing developments for survivors of sex abuse in the ultra-Orthodox Jewish community. The first is the plea deal for the man who threw bleach in the face of a venerated advocate of sex abuse survivors, and the second is a community’s celebration of the prison release of a man who attempted to bribe a victim to drop charges against her abuser.
Justia columnist and Cardozo law professor Marci Hamilton comments on the recent shooting incident by a white supremacist in Overland Park, Kansas. She describes the suspect’s religious beliefs and explains how the Kansas RFRA, federal RFRA, and RLUIPA can be used if not to protect a murderer acting due to his beliefs, then at least other wrongdoers similarly motivated.
Justia columnist and Cardozo law professor Marci Hamilton discusses the U.S. Supreme Court’s first and only decision on the Religious Freedom Restoration Act (RFRA), and how it represents the Court’s inadequacy to apply RFRA. Hamilton describes the background of that case, Gonzales v. O Centro Esprita Beneficente Unio do Vegetal (UDV), as well as the unintended effects of the decision. She concludes that the Court should seriously contemplate its institutional limitations, think twice before discounting the government’s purposes, and employ common sense when considering the RFRA and the contraception mandate cases.
Justia columnist and Cardozo law professor Marci Hamilton continues her series of columns regarding Religious Freedom Restoration Acts (RFRAs). Here, in her most recent column, Hamilton addresses the argument that RFRAs should be extended to suits between private parties. This issue has surfaced primarily in the states, Hamilton notes, where purportedly rampant fear by bakers and florists of having to deal with same-sex couples has led to proposals to give businesses a RFRA defense that could be invoked against potential customers. The most controversial such bill was eventually vetoed by Arizona’s Governor Brewer; that bill would have permitted private businesses to raise the state RFRA as a defense in lawsuits by customers whom they have turned away.
Justia columnist and Cardozo law professor Marci Hamilton comments on federal RFRAs in the first column in a two-part series of columns that addresses the federal RFRA and the intersection of RFRAs and corporate law, as well as why corporations cannot take advantage of RFRAs. Part Two in the series, which will address state RFRAs, will appear here on Justia on March 20.
Justia columnist and Cardozo law school professor Marci Hamilton comments on recent stories about the mishandling of reports of sex abuse and assaults at two fundamentalist colleges: Patrick Henry College and Bob Jones University. Hamilton also covers the Catholic Church’s ongoing issues with clergy sex abuse, and cautions these colleges not to follow the Church's lead. Hamilton notes that President Obama has been silent on the epidemic of sex abuse and assaults in religious entities in the United States. She argues that it is high time now, nearing the end of his last Term, for him to step up for all victims, and to stop pandering to religious entities.
Justia columnist and Cardozo law professor Marci Hamilton comments on the topic of college campus sexual assault, which is disturbingly frequent—so much so that the Obama Administration is now focusing on it. Hamilton considers ways to protect college women, especially women in college sports; notes how college men can help in rape prevention; and argues that worries about false accusations by women are overblown.
Justia columnist and Cardozo law professor Marci Hamilton covers and comments on Paroline v. Unknown Amy, a case on which the Supreme Court just held oral argument yesterday. The question in the case before the Court is how much child pornography market participants should be individually required to pay for the harm to the victims of child pornography.
Justia columnist and Cardozo law professor Marci Hamilton describes and comments on developments regarding justice for child-sex-abuse victims. Hamilton reports that, in 2013, the pace of the movement to procure justice for victims quickened remarkably. But there is also a negative development, Hamilton notes: religious groups have gone back to the drawing board to find new ways to protect themselves from the law in this area.
Justia columnist and Cardozo law professor Marci Hamilton contends that we are in the midst of a war over whether the U.S. Catholic Bishops and those who agree with them, or individual women, will control women’s bodies and health. Hamilton comments on the influence of Pope Francis. She also argues that there are two major battlefields in this war right now: one in the workplace, and the other in Catholic hospitals. Hamilton ends, too, with an account of the terrible labor of a woman who suffered unnecessarily due to these conflicts.