Saturday, August 20, 2005
The Florida "vertical grave marker" case
The Eleventh Circuit has ruled, among other things, that a city cemetery's ban on "vertical grave markers" does not violate the First Amendment. This case, Warner v. City of Boca Raton, is the subject of an interesting book by the University of Chicago's Professor Winnifred Fallers Sullivan, "The Impossibility of Religious Freedom." (I am reviewing this book for Commonweal magazine). Thanks, again, to Professor Friedman for the link). I suppose the ruling that the ban does not violate the First Amendment is, in light of Smith, relatively unsurprisingly. As Sullivan describes, though, it appears that the United States District Court, and the Florida Supreme Court, read Florida's own Religious Freedom Restoration Act quite narrowly.
Rick
https://mirrorofjustice.blogs.com/mirrorofjustice/2005/08/the_florida_ver.html