D Thayer
Biographic Data
| ID | 6165143 |
|---|---|
| NAME | D Thayer |
| GIVEN NAMES | D |
| FAMILY NAME | Thayer |
| SIGNATURE | THAYER D |
| AFFILIATIONS | Office of the Attorney General |
| ORCID | 0000-0001-5205-8691 |
| VERIFIED | No |
| TOTAL WORKS | 35 |
| TOTAL CITATIONS | 0 |
| WORKS AS AUTHOR | 35 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2012 |
| LATEST PUBLICATION YEAR | 2017 |
| H-INDEX | 0 |
Franciscan Alliance v Burwell
Federal civil procedure – Preliminary injunction – Federal administrative law and procedure – Jurisdiction – Administrative exhaustion – Standing – Ripeness – Judicial review – Civil rights – Sex discrimination – Gender identity – Termination of pregnancy – Exercise of religion – Private healthcare providers and eight states bringing action against United States Department of Health and Human Services (HHS) and HHS Secretary, challenging regulati…
Richardson v Northwest Christian University
Federal rules of procedure – Standard of judgment – Actionable claim – Federal constitutional law – First Amendment – Ministerial exception – Ecclesiastical abstention – Right of association – State constitutional law – Freedom of conscience – Enjoyment of religious opinion – Federal and state statutory law – Employment – Discrimination on basis of pregnancy and sex – Discrimination on the basis of marital status – Breach of contract – Intentiona…
Hively v Ivy Tech Community College of Indiana
Federal statutory law – Employment – Equal rights under the law – Discrimination on basis of sex – Federal rules of procedure – Waiver – Federal constitutional law – Sovereign immunity – Openly lesbian part-time adjunct professor at state community college repeatedly applying for full-time positions – Applications rejected by college – Part-time contract not renewed – Professor filing charge with Equal Employment Opportunity Commission (EEOC) all…
American Humanist Association v McCarty
Federal constitutional law – Establishment of religion – Advancement of religion – Endorsement of religion – Sponsorship of religion – Favouring or preferring religion – Inhibiting, interfering with, or coercing religion – Board meetings and membership – Education – Prayer and meditation – Plaintiff attending board meetings at Birdville High School (BISD) as student and later as alumnus – Plaintiff objecting to student-led ‘invocations’ and ‘stud…
Evans v Georgia Regional Hospital
Federal rules of procedure – Standard of judgment – Actionable claim – Federal statutory law – Employment – Gender nonconformity – Sexual orientation – Hostile work environment – Equal treatment – Lesbian security officer at Georgia hospital harassed, physically assaulted, passed over for promotion, denied equal pay or equal work, and targeted for termination for failing to carry herself in ‘traditional woman[ly] manner’ – Officer suffering retal…
Zubik and others v Burwell and others
Federal statutory rights – Free exercise of religion – Burden upon – Federal regulations requiring nonprofit organizations providing health insurance for employees to cover cost of contraceptives as part of insurance plans unless submitting form to insurer or government stating objections on religious grounds – Organizations objecting to requirement as substantial burden on exercise of religion in violation of federal Religious Freedom Restoratio…
Ministerio Publico Federal v Google Brasil Internet Ltda
Freedom from religious intolerance and discrimination – Infringement of – Federal prosecutors appealing denial of request to remove from YouTube videos containing negative depictions of African–Brazilian beliefs – Whether videos infringing rights of depicted groups – Law12.966/2014
Holt v Hobbs
Statutory right to practice religion – Substantial burden on – Arkansas Department of Correction (ADC) grooming policy requiring inmates to be clean-shaven other than mustaches and quarter-inch beards for diagnosed dermatological problems – Muslim inmate challenging grooming policy under federal Religious Land Use and Institutionalized Persons Act (RLUIPA), asserting religious belief requiring he grow a beard but offering to maintain only half-in…
Mst Asia Bibi v The State
Criminal law – Derogatory remarks in respect of Holy Prophet – Penalty for – Christian woman under sentence of death for blasphemy appealing sentence on grounds (1) witnesses interested and inimical, (2) evidence of extra-judicial confession discrepant, (3) witnesses not examined through standard of Tazkiyah-al-Shuhood as required in blasphemy cases, (4) witnesses inconsistent, (5) inordinate delay in lodging complaint, (6) false story concocted …
Ecclesia De Lange v The Presiding Bishop of the Methodist Church of Southern Africa for the Time Being
Voluntary association – Internal disciplinary proceedings – Policy, practice, and usage of Methodist Church of South Africa, according to Laws and Discipline of the Church (L&D), to recognize only heterosexual marriages – L&D prescribing arbitration in event of breach by minister – Minister, without consulting Superintendent and Bishop, announcing from the pulpit her intention to enter same-sex marriage, and subsequently marrying – Minister suspe…
Hamalainen v Finland
Human rights – Right to family and private life – Interference with – Discrimination in enjoyment of – Married male attempting after gender-reassignment surgery to obtain state identity number as female – Statutory requirement for obtaining number requiring transgendered individual be unmarried or convert marriage to civil partnership with consent of spouse – Spouse refusing for religious reasons and in interests of child to consent to dissolutio…
American Humanist Association and Jason Michael Holden v United States
Constitutional law – Establishment of religion – Free exercise of religion – Due process of law – Violation of – First Amendment prohibiting government establishment of religion and discrimination in free exercise thereof – Fifth Amendment guaranteeing due process of law – Prison officials denying inmate permission to make Humanism religious assignment on grounds Humanism not a religion – Inmate and American Humanist Association seeking declarato…
Conlon v InterVarsity Christian Fellowship/USA
Constitutional rights – Free exercise of religion – Establishment of religion – Ministerial exception – Statutory rights – Freedom from discrimination based on gender – First Amendment barring government interference in decisions of religious groups regarding employment of ‘ministers’ – Federal and state laws prohibiting discrimination on basis of gender – Faith-based religious organization (IVFC) requiring annual recommitment to policy that empl…
Burwell v Hobby Lobby Stores, Inc together with Conestoga Wood Specialties Corp v Burwell
Federal statutory rights – Free exercise of religion – Burden upon – Federal statute granting religious freedom rights to ‘persons’ and covering ‘any exercise of religion, whether or not compelled by, or central to, a system of religious beliefs’ – Federal regulation requiring owners of for-profit businesses to provide employee group insurance policies including coverage of four contraceptive drugs considered as abortifaceants – Christian owners …
The Church of Jesus Christ of Latter-day Saints v The United Kingdom
Human rights – Freedom of religion or belief – Discrimination in exercise thereof – Right to peaceful enjoyment of possessions – Interference with – Religious organization restricting access to temples to selected class of worshippers – Valuation officer applying 80 per cent reduction in rating of temple in Preston, UK in view of its use for charitable purposes but refusing full exemption available for buildings used for ‘public religious worship…
Holt a/k/a/ Muhammad v Hobbs
Statutory right to practice religion – Substantial burden on – Arkansas Department of Correction (‘ADC') grooming policy requiring inmates to be clean-shaven other than moustaches and quarter-inch beards for diagnosed dermatological problems – Muslim inmate challenging grooming policy under federal Religious Land Use and Institutionalized Persons Act, asserting fundamentalist belief requiring he grow a beard – Inmate seeking permission to maintai…
Freedom From Religion Foundation v Lew
Revenue – Income tax law –‘Parsonage exemption’– Constitutionality of – Standing to challenge – Plaintiffs, an association campaigning for freedom from religion and its co-presidents, contending federal income tax exemptions for ‘ministers of the gospel’ unconstitutional – Whether plaintiffs having standing to challenge exemption – Whether exemptions granted under Internal Revenue Code violating United States Constitution – Internal Revenue Code,…
Sindicatul 'Pastorul cel Bun' v Romania
Human rights – Right to freedom of assembly and association – Right to form trade union – Interference with – 35 members of clergy and lay staff of Orthodox Church forming union to protect members’ rights – President of union petitioning court to grant legal personality to union and allow entry into register of trade unions – First instance court granting legal personality and registering union – County court allowing archdiocese’s appeal and rev…
Morris and others v Brandenberg
State constitutional rights – Right to obtain safety and happiness – Right of competent, terminally ill person to seek medical assistance in ending life – Right of medical personnel to provide services apparently prohibited by statute – Plaintiff in remission from uterine cancer but fearing return of disease – Desiring peace of mind by knowing aid in dying available if suffering in terminal stage of illness unbearable – Plaintiff medical advisors…
Mann Singh v France
Civil and political rights – Freedom of religion – Passports – Naturalized French citizen originally from India and of Sikh belief granted French passports in 1989, 1991, 1995, and 2000 but renewal refused in 2005 citing photograph in turban violating Decree of 2001 and 2005 – Claimant asserting decrees inappropriate and disproportionate violation of religious freedom protections of European Convention on Human Rights (‘the Convention’) and Inter…
Town of Greece, New York v Galloway et al
United States Constitution – Prohibition of establishment of religion – Violation of – Monthly town board meetings opening with prayer offered by clergy selected from list in town local directory – Two citizens attending meetings to speak on local issues alleging town violating Establishment Clause by preferring Christians over other prayer givers, by sponsoring sectarian prayers, and by not seeking to achieve religious diversity – Whether prayer…
Tagore v United States
R v NS
Charter of Rights – Freedom of religion – Right to fair hearing – Right to make full answer and defence – Muslim witness at preliminary hearing in sexual assault trial wanting to testify with face covered by niqab – Whether requiring witness to remove niqab interference with right to religious freedom – Whether permitting niqab creating serious risk to trial fairness – Whether accommodation possible – If not, whether salutary effects of requiring…
United States v Windsor
Constitutional rights – United States – Standing to defend – Federalism / State sovereignty – Equal protection under the law – Due process of law – Federal Defense of Marriage Act (DOMA) defining marriage as union of man and woman for all purposes in federal law – Same-sex couple legally married in Canada and living in New York State where marriage recognized as valid – Upon partner’s death widow barred by DOMA from estate tax exemption otherwise…
Hollingsworth v Perry
Constitutional rights – United States – Federal procedure – Standing to defend – California citizen initiative defining marriage as between a man and a woman challenged by same-sex couples in federal district court as unconstitutional violation of equal protection and due process – Named defendant government officials refusing to defend – District court granting initiative proponents permission to intervene and standing to defend – Declaring init…
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Sindicatul "Pastorul cel Bun" v Romania
Human rights – Right to freedom of assembly and association – Right to form trade union – Interference with – 35 members of clergy and lay staff of Orthodox Church forming union to protect members’ rights – President of union petitioning court to grant legal personality to union and allow entry into register of trade unions – First instance court granting legal personality and registering union – County court allowing archdiocese’s appeal on grou…
Fernandez Martin v Spain
Human rights – Right to respect for private life – Religion or belief – Interference with – Ordained priest petitioning for dispensation from celibacy – Marrying in civil ceremony and fathering five children – Obtaining employment as teacher of Catholic religion and morals in State high school – Subsequently receiving dispensation from celibacy – Priest’s affiliation with ‘optional celibacy’ movement being made public – Diocese and Ministry of Ed…
Religious Autonomy in Europe and the United States--Four Recent Cases
On 11 January 2012, the Supreme Court of the United States issued its judgment in Hosanna-Tabor Evangelical Lutheran Church and School v Equal Employment Opportunity Commission (EEOC) (132 S Ct 694), the most important religious freedom case to come before the Court since the 1990 Employment Division, Department of Human Resources v Smith (494 US 872). In Smith, the Court held that ‘neutral laws of general applicability’ trump claims to free exer…
Elane Photography, LLC v Willock
Supply of services – Discrimination – Sexual orientation – Constitutional rights – Freedom of speech and freedom of religious exercise – Interference with – State law prohibiting any person in any ‘public accommodation’ from making distinction, directly or indirectly, in offering or refusing to offer its services to any person because of sexual orientation – Photography business owners holding Christian beliefs and consequently refusing request t…
Perry v Brown
Constitutional rights – United States – Equal protection under law – Sexual orientation – Right of same-sex couples under California state constitution to undergo marriage ceremony – Right removed by amendment restricting valid marriage as between man and woman – Same-sex couple denied marriage ceremony claiming amendment contrary to right of equal protection under US Constitution – Equal protection clause requiring legitimate reason for selectiv…
Snyder v Phelps
Human Rights – Freedom of expression – Interference with – Church members carrying out anti-homosexual demonstration against United States government's political and moral conduct – Displaying signs near funeral of military service member – Deceased's father claiming damages for intentional infliction of emotional distress – Whether speech of public concern and consequently protected by First Amendment – Whether freedom of speech within the meani…
United States v Windsor
Constitutional rights – United States – Standing to defend – Federalism / State sovereignty – Equal protection under the law – Due process of law – Federal Defense of Marriage Act (DOMA) defining marriage as union of man and woman for all purposes in federal law – Same-sex couple legally married in Canada and living in New York State where marriage recognized as valid – Upon partner’s death widow barred by DOMA from estate tax exemption otherwise…
Hollingsworth v Perry
Constitutional rights – United States – Federal procedure – Standing to defend – California citizen initiative defining marriage as between a man and a woman challenged by same-sex couples in federal district court as unconstitutional violation of equal protection and due process – Named defendant government officials refusing to defend – District court granting initiative proponents permission to intervene and standing to defend – Declaring init…
Vejdeland and others v Sweden
Human Rights – Freedom of expression – Limitations on – Citizens distributing anti-homosexual literature in secondary school – Supreme Court convicting for agitation against national or ethic group – Whether law on agitation against national or ethnic group sufficiently clear – Whether interference with freedom of expression necessary in democratic society for protection of reputation and rights of others – Whether nature and severity of penaltie…
Manzanas Martin v Spain
Human Rights – Right to peaceful enjoyment of possessions – Discrimination in exercise thereof – Spanish decree stipulating that priests and ministers of all registered churches to be treated as salaried employees and covered by social security scheme – Initially applying to Catholic priests only – Catholic priests’ previous years of service taken into account – Law applying to ministers 22 years later with no possibility of counting earlier year…
Gas and Dubois v France
(1) Human Rights – Respect for family and private life – Interference with – (2) Discrimination – Sexual orientation – Less favourable treatment – Cohabiting lesbian couple in civil partnership applying for ‘simple adoption order’ by one partner of other’s biological child – Respondent state tribunal refusing application as contrary to law and having legal implications running counter to applicants’ intentions and child’s best interests – Whether…
H v Finland
Human rights – Right to family and private life – Interference with – Discrimination in enjoyment of – Married male attempting after gender-reassignment surgery to obtain state identity number as female – Statutory requirement that transgendered individual be unmarried or convert marriage to civil partnership with consent of spouse – Spouse withholding consent to convert marriage – Whether statutory requirement violation of right to private life …
Burwell v Hobby Lobby Stores, Inc together with Conestoga Wood Specialties Corp v Burwell
Federal statutory rights – Free exercise of religion – Burden upon – Federal statute granting religious freedom rights to ‘persons’ and covering ‘any exercise of religion, whether or not compelled by, or central to, a system of religious beliefs’ – Federal regulation requiring owners of for-profit businesses to provide employee group insurance policies including coverage of four contraceptive drugs considered as abortifaceants – Christian owners …
The Church of Jesus Christ of Latter-day Saints v The United Kingdom
Human rights – Freedom of religion or belief – Discrimination in exercise thereof – Right to peaceful enjoyment of possessions – Interference with – Religious organization restricting access to temples to selected class of worshippers – Valuation officer applying 80 per cent reduction in rating of temple in Preston, UK in view of its use for charitable purposes but refusing full exemption available for buildings used for ‘public religious worship…
Holt a/k/a/ Muhammad v Hobbs
Statutory right to practice religion – Substantial burden on – Arkansas Department of Correction (‘ADC') grooming policy requiring inmates to be clean-shaven other than moustaches and quarter-inch beards for diagnosed dermatological problems – Muslim inmate challenging grooming policy under federal Religious Land Use and Institutionalized Persons Act, asserting fundamentalist belief requiring he grow a beard – Inmate seeking permission to maintai…
Freedom From Religion Foundation v Lew
Revenue – Income tax law –‘Parsonage exemption’– Constitutionality of – Standing to challenge – Plaintiffs, an association campaigning for freedom from religion and its co-presidents, contending federal income tax exemptions for ‘ministers of the gospel’ unconstitutional – Whether plaintiffs having standing to challenge exemption – Whether exemptions granted under Internal Revenue Code violating United States Constitution – Internal Revenue Code,…
Sindicatul 'Pastorul cel Bun' v Romania
Human rights – Right to freedom of assembly and association – Right to form trade union – Interference with – 35 members of clergy and lay staff of Orthodox Church forming union to protect members’ rights – President of union petitioning court to grant legal personality to union and allow entry into register of trade unions – First instance court granting legal personality and registering union – County court allowing archdiocese’s appeal and rev…
Morris and others v Brandenberg
State constitutional rights – Right to obtain safety and happiness – Right of competent, terminally ill person to seek medical assistance in ending life – Right of medical personnel to provide services apparently prohibited by statute – Plaintiff in remission from uterine cancer but fearing return of disease – Desiring peace of mind by knowing aid in dying available if suffering in terminal stage of illness unbearable – Plaintiff medical advisors…
Mann Singh v France
Civil and political rights – Freedom of religion – Passports – Naturalized French citizen originally from India and of Sikh belief granted French passports in 1989, 1991, 1995, and 2000 but renewal refused in 2005 citing photograph in turban violating Decree of 2001 and 2005 – Claimant asserting decrees inappropriate and disproportionate violation of religious freedom protections of European Convention on Human Rights (‘the Convention’) and Inter…
Town of Greece, New York v Galloway et al
United States Constitution – Prohibition of establishment of religion – Violation of – Monthly town board meetings opening with prayer offered by clergy selected from list in town local directory – Two citizens attending meetings to speak on local issues alleging town violating Establishment Clause by preferring Christians over other prayer givers, by sponsoring sectarian prayers, and by not seeking to achieve religious diversity – Whether prayer…
Tagore v United States
R v NS
Charter of Rights – Freedom of religion – Right to fair hearing – Right to make full answer and defence – Muslim witness at preliminary hearing in sexual assault trial wanting to testify with face covered by niqab – Whether requiring witness to remove niqab interference with right to religious freedom – Whether permitting niqab creating serious risk to trial fairness – Whether accommodation possible – If not, whether salutary effects of requiring…
Ministerio Publico Federal v Google Brasil Internet Ltda
Freedom from religious intolerance and discrimination – Infringement of – Federal prosecutors appealing denial of request to remove from YouTube videos containing negative depictions of African–Brazilian beliefs – Whether videos infringing rights of depicted groups – Law12.966/2014
Holt v Hobbs
Statutory right to practice religion – Substantial burden on – Arkansas Department of Correction (ADC) grooming policy requiring inmates to be clean-shaven other than mustaches and quarter-inch beards for diagnosed dermatological problems – Muslim inmate challenging grooming policy under federal Religious Land Use and Institutionalized Persons Act (RLUIPA), asserting religious belief requiring he grow a beard but offering to maintain only half-in…
Mst Asia Bibi v The State
Criminal law – Derogatory remarks in respect of Holy Prophet – Penalty for – Christian woman under sentence of death for blasphemy appealing sentence on grounds (1) witnesses interested and inimical, (2) evidence of extra-judicial confession discrepant, (3) witnesses not examined through standard of Tazkiyah-al-Shuhood as required in blasphemy cases, (4) witnesses inconsistent, (5) inordinate delay in lodging complaint, (6) false story concocted …
Law (34 works) · Political science (34 works) · Sociology (18 works) · Supreme court (16 works) · Legal Cases and Commentary (13 works) · Legal Systems and Judicial Processes (11 works) · Human rights (10 works) · American Constitutional Law and Politics (9 works) · Plaintiff (9 works) · State (computer science) (9 works)