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Religion & Law
: Religion ClauseSuit Against Monastery May Proceed Over 1st Amendment Objections
By Howard M. Friedman
In this decision, a New York federal district court rejected the monastery's First Amendment defense that adjudicating the claim would involve the court in interpreting religious doctrine. While leaving open the possibility that the defense could be raised again later, the court concluded that for now it appeared that it was merely being asked to determine the neutral fact of whether the Monastery was affiliated with the recognized Order of St. Benedict, and not a religious dispute of whether defendants can be "Benedictines" without being affiliated with the recognized order.
Full post as published by Religion Clause on March 17, 2009 (boomark / email).
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