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.
Justia columnist and Cardozo law professor Marci Hamilton comments on Mitt Romney’s election loss and on the future of the Republican Party. Hamilton ascribes the loss, among other factors, to Republican candidates’ widely criticized comments on rape and abortion, which many found deeply offensive. She also points to other factors such as (1) Republicans like Paul Ryan’s extreme views, such as the refusal to have the government fund any part of Planned Parenthood’s activities; and (2) the Party’s lack of a laserbeam focus on key issues like jobs and the state of the economy. The result was that women disproportionally voted for President Obama, Hamilton concludes. Hamilton also raises interesting questions about whether—and how—the Republican Party can reshape itself as a viable party, now and in the demographically diverse future—a party that could, in coming years, attract women and people of color in larger numbers.
Justia columnist and Cardozo law professor Marci Hamilton comments on an incident in Pakistan in which a 14-year young woman was shot by the Taliban because she voiced her view that girls should be educated; and an incident here in the U.S. where the American Family Association—which is characterized by the Southern Poverty Law Center as a hate group—has essentially come out in favor of the bullying of homosexual children on Mix It Up at Lunch Day, which is meant to break up cliques, even if just for one day. Hamilton argues that the first incident shows the need for the international recognition of civil rights, and of the rule of law, and the second incident involves a particularly repellent form of homophobia that has no place in our public schools. Each incident is made all the worse, Hamilton suggests, because children are the victims. Hamilton reminds us, too, that we are fortunate here in the U.S. to have the benefit of the First Amendment's Establishment and Speech Clauses.
Justia columnist and Cardozo law professor Marci Hamilton comments on a recent decision from a federal district judge regarding employers’ duties under the Affordable Care Act (ACA). The case arose when the Chairman of a for-profit company, who is Catholic, objected to the ACA’s requirements that his employee health plan must cover contraception and sterilization. Specifically, the Chairman claims, among other things, that his constitutional right to the free exercise of religion has been violated by the requirement. Hamilton, citing several U.S. Supreme Court cases, argues that the Chairman is wrong, and that if his position were to be accepted by the courts, then we would be on a dangerous slippery slope, for even minimal burdens on religious exercise could then lead to important consequences for those who are of other religions, or no religion at all. In addition to addressing these constitutional issues, Hamilton also discusses the issues raised in this area by the Religious Freedom Restoration Act (RFRA).
Justia columnist and Cardozo law professor Marci Hamilton takes strong issue with the U.S.’s stance on the anti-Islam YouTube video that has sparked protests and violence in the Muslim world. Hamilton argues that President Obama’s statement, rather than speaking of the hurt feelings of religious believers, instead should have taken a strong First Amendment stance. Hamilton argues that the right to criticize government and religion, the two most powerful social structures in society, is key here, and that President Obama should have made that clear. Hamilton contends, as well, that Mitt Romney’s remarks on this topic—though better than Obama's in vindicating the First Amendment—still were tepid and abstract when they ought to have been passionate. Hamilton also notes that Obama is taking a page from the Bill—and now Hillary—Clinton playbook when it comes to religious believers.
Justia columnist and Cardozo law professor Marci Hamilton continues her two-part series on the Republican and Democratic Party Platforms. In this column, she comments on the Democratic Party Platform, focusing—as she did with the Republican Party Platform—upon issues relating to religion, women, and children. More specifically, Hamilton discusses issues such as the government's relationship with faith-based organizations; same-sex marriage; contraception and abortion rights; foreign family-planning aid; and human trafficking. Hamilton also decries a key omission from the Democratic Party Platform: It fails to address the important issue of child sex abuse, except insofar as it mentions trafficking.
Justia columnist and Cardozo law professor Marci Hamilton begins her two-part series on the two major-party platforms by focusing, first, on the Republican Party Platform. (Her follow-up column on the Democratic Party Platform will appear here on Justia’s Verdict shortly.) Hamilton focuses especially on the following aspects of the Republican Party Platform: the Party’s attempt to paint gay activists—and not their foes—as the real haters; the Party’s extreme views on religion, including areas where the Party would allow one person to impose his or her religious views on another, when it comes to medical care; its embrace of having federal money go to religious organizations, but without their having to follow federal rules; its narrow view of women’s and children’s rights; and finally, its seeking rights for the unborn. Hamilton argues that, overall, women should not only oppose, but actually fear, this Platform.
Justia columnist and Cardozo law professor Marci Hamilton comments on Romney running mate Paul Ryan—focusing on Ryan’s influences, such as Ayn Rand and the Catholic Church, and on his views, some of which, she suggests, parallel those of Ronald Reagan. She notes, though, that despite these influences, Ryan is also more than capable of thinking for himself—as he’s been involved in disagreements with the Church, as well. Hamilton praises Ryan’s small-government, balanced-budget views, and compliments him for being smart and well-read, but she also suggests that he is foolish to make his own religious beliefs part of the Romney/Ryan campaign, in light of America’s striking religious diversity.
Justia columnist and Cardozo law professor Marci Hamilton comments on two recent and somewhat similar controversies: the Chick-fil-A controversy, regarding the head of the company’s comments about gay rights; and the Hercules controversy, regarding that company’s refusal to pay for employees’ contraception due to the owners’ religious beliefs. Hamilton warns that such controversies raise the specter of Balkanization—that is, a society torn asunder by differing religious beliefs and the inability to live harmoniously because of these religious differences. Hamilton also covers a Colorado-based federal district court decision regarding the provisions of the Affordable Care Act (ACA) relating to employer-funded contraception. In addition, she provides examples of what might happen if this slippery slope is allowed to slip further—with individual and corporate business owners alike forcing their own religious beliefs, no matter how unusual or how restrictive, upon employees who reject those beliefs, and refusing to offer health insurance insofar as it supports practices, such as the use of contraception, in which the employers do not believe.
Justia columnist and Cardozo law professor Marci Hamilton makes the case that Summer 2012 has marked a key moment in American history with respect to the country’s treatment of child sex abuse. She focuses not only on the recent convictions of Penn State’s notorious Jerry Sandusky, but also the child endangerment conviction of Monsignor Lynn of the Philadelphia Archdiocese. Noting the sea-change in our society with respect to trials about, and punishments for, child sex abuse, Hamilton reflects that we have come a very long way. Commenting on the problems with even the best of internal investigations, such as that which Louis Freed conducted for Penn State, Hamilton argues that internal investigations are no substitute for public trials. In addition, she applauds the state legislatures that are seeking to enact or expand mandatory child-sex-abuse reporting laws.
Justia columnist and Cardozo law professor Marci Hamilton comments on the recently released Freeh Report. Authored by former FBI Head Louis Freeh, the Report—commissioned by Penn State itself—summarizes the result of Freeh’s investigation into Penn State’s child sex abuse scandal, and its failure to protect children from serial child sexual predator Jerry Sandusky. As Hamilton notes, the Report pins blame on Penn State former President Graham Spanier, Vice President Gary Schultz, Athletic Director Tim Curley, and legendary (and now deceased) football coach Joe Paterno. Hamilton discusses the Freeh Report’s recommendations, and tells readers what may be ahead, in terms of possible criminal and civil trials, in the quest for accountability for Penn State’s, as well as Sandusky’s, wrongs.
Justia columnist and Cardozo law professor Marci Hamilton discusses the guilty verdicts that juries recently reached in the cases of Jerry Sandusky and Monsignor William Lynn. The verdicts were both handed down this past Friday, June 22. Sandusky was convicted of 45 counts of child abuse, in connection with his alleged sexual abuse of numerous young boys. Lynn was convicted of a count of child endangerment arising from his alleged allowing another priest, who had committed child sexual abuse, to continue to have access to children. Hamilton also covers progress in the Pennsylvania and New Jersey legislatures regarding extending those states’ statutes of limitations for child sex abuse, in order to enable survivors to receive justice.