-----Original Message----- From: Ira (Chip) Lupu [mailto:icl...@law.gwu.edu] Sent: Thursday, December 17, 2009 12:19 PM To: Volokh, Eugene Subject: Elane Photography
Eugene: I'm at a computer from which I cannot post to the list. But here's one question about your compelling interest argument re: New Mexico RFRA -- What difference does it make that NM does not legally recognize same-sex marriage? The claim here is about the refusal of a commercial photographer to perform her offered professional service at a ceremony. It happens to be a wedding ceremony, but its legal significance (or absence of legal significance) has absolutely nothing to do with the claim. The state protects gays and lesbians against discrimination in private markets for goods and services, and this claim arises in one of those markets. Chip Ira C. Lupu F. Elwood & Eleanor Davis Professor of Law George Washington University Law School 2000 H St., NW Washington, DC 20052 (202)994-7053 My SSRN papers are here: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=181272#reg _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
