Boerne only makes the deal harder to strike if one assumes the federal 
government should drive social policy in every state from Washington DC and 
only if one is inclined to engage in blind lawmaking that operates at an 
abstract level without reference to facts.  All Congress could do here is 
foreclose the 50 state experiment in finding the right balance for everyone.
In light of history, it is patently ridiculous to argue that it is ever too 
late for religious exemptions in this country.  Religious entities have both 
political access and power disproportionate to their numbers even if they do 
not win every single request they make.  J Scalia was empirically correct when 
he said in Smith that the American legislative system is inclined toward 
exemptions.  
Marci
Sent from my Verizon Wireless BlackBerry

-----Original Message-----
From: Douglas Laycock <layco...@umich.edu>

Date: Fri, 10 Apr 2009 10:51:08 
To: <religionlaw@lists.ucla.edu>
Subject: Same-sex marriage and religious exemptions


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